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H 



SCHOOL LAWS 



COMMON SCHOOL DECISIONS 



STATE OF ILLINOIS. 



Peepaeed and Aeeanged by 

Newton Bateman, LL. I). 

Eevised by 

William L. Pillsbury, A. M. 

Eight Yeaes Assistant op Supeeintendent of 
■ Public Insteuction. 




NOV ;'188/. 
^4 



c7, 

'ASH 



SPRINGFIELD : 
Pillsbuey and Feeeman. 

1887. 






Copyright, 1865, by Newton Bateman. 



Copyright, 1866, by Newton Bateman. 



Copyright, 1867, by Newton Bateman. 



Copyright, 1871, by Newton Bateman. 



Copyright, 1887, by Pillsburt and Freeman. 



Printed, Stereotyped and Bound by 

H. W. ROKKER, 

Springfield and Cliicago. 



PREFACE. 

During the eight years I was employed in the office of the 
Superintendent of Public Instruction, I found Dr. Bateman's 
Common School Decisions an invaluable aid in determining 
the many school questions referred to the State Department. 
The book, having been published twenty years ago, had, how- 
ever, been rendered unsuitable for general use by the many 
changes which had been made in the law. 

In preparing this revision, the matter has been re-arranged, 
and a very large part of it has been re-written. 

The Preface to Dr. Bateman's last edition of the Decisions 
states the scope and aim of the book thus : 

"The object of this volume is to furnish to those in any 
way concerned with our system of common schools, in con- 
venient form and small compass, information and instruction 
necessary to the proper discharge of their duties. 

"The book contains : 

"I. The Common School Laws of the State, with all the 
latest amendments. 

"II. The Official Decisions and Instructions of the State Su- 
perintendent, and the Decisions of the Supreme Court, in re- 
lation to common schools. 

"The official decisions are confirmed by copious references to 
and citations of judicial authorities. To this end the Supreme 
Court Eeports of Illinois and of many other States have been 
carefully and exhaustively searched. It is hoped that this 
feature of the work [and the table of cases added] will render 
it of some value to members of the bar and others, in the 
management of cases arising under the school laws of the State. 

"The decisions embrace a wide range and great variety of 
subjects. It is believed that questions can hardly arise under 
our present school laws upon which some light, if not a defi- 
nite answer, will not be found in this volume. 

"Forms of all School Instruments are added for the conven- 
ience of school officers. Both the laws and decisions are very 
copiously indexed. The aim throughout has been to render 
the work a plain, practical and reliable common-school manual." 

The work of revision has been very carefully done with 
the same objects in view ; and my wish is that school officers 
and teachers and others interested in questions relating to the 
school laws and their administration, may find this as useful 
as were the former editions of the book. 

"W. L. PiLLSBUKY. 

Springfield, Nov. 1, 1887. 



TABLE OF CONTENTS. 



Page. 

Educational peovisions in constitution, and comments 9 

Syllabus of school laws 12 

General school law as amended, with decisions 15 

Additional acts, with decisions : 

Women as school ofl&cers 234 

"Compulsory" education act 234 

Eights of colored children 235 

Eenting school lands 237 

Granting right of way to railroads 237 

Dedicating lands for streets 238 

School districts legalized 238 

Districts with four hundred inhabitants 239 

Notice of payments to treasurer 239 

Attendance upon institutes 240 

County superintendent's bills audited and paid 241 

President of board of education elected 241 

Members of boards of education appointed 242 

Members of boards of education elected 243 

Loans of funds in special districts 244 

School elections under law of 1885 244 

County normal schools 246 

Orders against uncollected taxes 247 

Eefunding school bonds 248 

Annual statements published by treasurers 249 

EORMS OF official INSTRUMENTS 251 

Calendar of elections and official duties 257 

Table of cases cited 258 

Inde:: 262 

Advertisements, see front and back of book. 



SCHOOL LAWS 

AND 

OFFICIAL AND JUDICIAL DECISIONS. 



CONSTITUTIONAL PEOVISIONS WITH REGARD TO 
EDUCATION. 



The state constitutions of 1818 and 1848 made no reference 
to schools. The constitution of 1870 has the following: 

ARTICLE VIII — EDUCATION." 

General assembly to provide a system of free schools. 

Section 1. The general assembly shall provide a thorough 
and efficient system of free schools, whereby all children of 
this state may receive a good common school education, (a) 
(a) Common School Education. This article, while manda- 
tory in its character, is rather a limitation than a grant of 
power. It commands the general assembly to provide a sys- 
tem of schools, but subject to the two limitations, that the 
schools shall be "free schools," and that they shall offer the 
children of the state a "good common school education." The 
meaning of the term "common school education" has been 
much discussed. The supreme court holds that a common 
school is one which "begins with the rudimental elements of 
an education, whatever else it may embrace, as contradis- 
tinguished from academies or universities devoted exclusively 
to teaching advanced pupils in the classics and in the higher 
tranches of study usually included in the curriculum of the 



10 CONSTITUTIONAL PEOVISIONS. 

college." The high school is held to be made lawfully a part 
of the school system. [Richards v. Raymond, 92 111., 612 ; 
Foivell V. Board of Education, 97 111., 375; Stuart v. School 
District, 30 Mich., 69.] 

Land, moneys and other property donated. § 2. All 
lands, moneys, or other property, donated, granted or received 
for school, college, seminary or university purposes, and the 
proceeds thereof, shall be faithfully applied to the objects for 
which such gifts or grants were made, (a) 

(a) Funds held hy the State in Trust. The funds referred 
to in Sec. 2, are those established out of the several grants 
and donations made by the general government to the state 
for educational purposes, and the additions that have been 
made to them from time to time. The grants were made to 
the state. The state has complete control over them, to ad- 
minister them as it pleases in promotion of the objects of the 
grants ; and for this the public faith of the state stands 
solemnly pledged. The grants may not be burdened or sub- 
jected to waste for any other public purpose by general or 
special taxation, including taxation for drainage purposes. 
[Greenleaf Y. Trustees, 22 111., 236; Chicago v. People, 80 111., 
884; People v. Trustees, 118 111., 52; Univ. of Chicago v. People, 
118 111., 555; Trustees PI. Industrial Univ. v. County of Cham- 
paign, 76 111., 184; §§ 66 and 68, School Law.] 

Appropriations for sectarian purposes forbidden. 
§ 3. Neither the general assembly nor any county, city, town, 
township, school district, or other public corporation, shall 
ever make any appropriation or pay from any public fund 
whatever anything in aid of any church or sectarian purpose, 
or to help support or sustain any school, academy, seminary, 
college,- university or other literary or scientific institution con- 
trolled by any church or sectarian denomination whatever ; nor 
shall any grant or donation of land, money or other personal 
property ever be made by the state or any such public cor- 
poration to any church, or for any sectarian purpose. [Sec. 
77, School Law.] 

Teachers and school ofiB.cers not to be interested in 
sale of books, etc. § 4. No teacher, state, county, township 
or district school officer shall be interested in the sale, pro- 
ceeds or profits of any book, apparatus or furniture used or 
to be used in any school in this state with which such officer 
or teacher may be connected, under such penalties as may be 
provided by the general assembly. [Sec. 77, School Laiv.] 

County superintendent of schools. § 5. There may 
be a county superintendent of schools in each county, whose 
qualifications, powers, duties, compensation and time and 



CONSTITUTIONAL PROVISIONS. 11 

manner of election, and term of office, shall be prescribed by 
law. [Sec. 11, School Latv.] 

Article 5 of the constitution makes a Superintendent of Public 
Instruction one of the executive officers of the state, and pro- 
vides for his election, term of office, etc. 

Article 9, Sec. 12, of the constitution forbids school districts 
or other municipal corporations to incur any debt beyond five 
per centum on the value of the taxable property therein, as 
ascertained at the last assessment for the general tax. Com- 
pare also Sec. 47 of the law. 

Article 4, Sec. 2, of the constitution forbids enacting any 
local or special laws "providing for the management of com- 
mon schools." 

This section is held by the supreme court to be not a limi- 
tation upon the power of the legislature to select such agencies 
as it pleases to establish schools, levy and to collect taxes and 
disburse moneys for their maintenance, but rather a prohibi- 
tion relating "merely to the management of common schools; 
that is, to the conduct of common schools in imparting in- 
struction." [Speight v. People, 87 111,, 595; Fuller v. Heath, 
89 111., 269.] 

Article 9, Sec. 3, of the constitution provides that such 
property as may be used exclusively for schools may be ex- 
empted from taxation by general law. Pursuant to this 
section of the constitution, all public school houses and all 
property of institutions of learning, not leased or otherwise 
used for profit, are exempted by law from taxation. [Sec. 
2, Chap. 120, Starr and Ciirtis's Piev. Stat. 111.] Two classes 
of public school property are to be distinguished: One, con- 
sisting of the funds received at different times from the gen- 
eral government for educational purposes and additions thereto, 
which is held in trust by the state, and has been spoken of 
above in note (a) under article 8, Sec. 2, of the constitution. 
That class is exempt from all species of taxation. The other class 
consists of property, other than that of the first class, acquired 
and held for public school purposes by the several school cor- 
porations created by law. This- second class of property is 
exempted from general taxation, but, by the rule laid down 
in McLean Co. v. Bloomington, 106 111., 209, would seem not 
to be exempt from special assessments. [Also Cooley on Taxa- 
tion, 458.] 



12 



SYLLABUS OP SCHOOL LAWS. 



SCHOOL LAWS OF ILLINOIS, 1872-1887. 



[General Act of 1872, as amended. J 



State Supeetntendent of Public In- 
STEUCTION— His Election and Duties, 

Section. 

1. Election— Term of office. 

2. Oath— Bond. 

3. Office— Documents— Kecords. 

4. Disposition of moneys received. 

5. To counsel with teachers. 

6. To supervise schools— To advise 

county superintendents . 

7. Eeport to governor. 

8. Eules and regulations— Legal ad- 

vice. 

9. - May order funds withheld. 
10. Salary— Expenses. 



County Superintendents- Their 
election and duties. 

11. Election— Oath— Bond. 

12. Eorm of bond— Eiled. 

13. Removal- New Bond — Vacancy — 

Office and supplies. 

14. Records of land sales— Loans— Re- 

port to county board. 

15. Treasurers' bonds — Delivery to 

treasurers. 

16. Apportionment and payment of 

school fund. 

17. Report to state superintendent- 

Penalty. 

18. Delivery to successor. 

19. Loaning school funds— Interest ap- 

portioned—Obligations valid. 

20. Supervision of schools— Assistants— 

Institutes— Advice— Appeal to state 
superintendent — Examination of 
treasurer's accounts — Trustees 
liable. 

21. To get report from negligent trus-- 

22. Sale of land taken for debt. 

Townships— Trustees of schools. 

23. School townships — Fractional — 

Trustees — Corporate name and 
powers — Term of office. 

24. Who eligible. 



Section. 

25. Elections, first and subseauent — 

Notices — Postponement— Vacancy 
—County superintendent may or- 
der election. 

26. Judges of election— Clerk. 

27. General election laws to govern— 

Hours— Polling places— Election at 
town meeting. 

Quahfications of voters— Tie. 

Election to fill vacancy. 

Return of election— Penalty. 

Trustees successors of former ofR- 
cers. 

Meetings — Organization— President 
—Treasurer to be clerk— Records. 

Division into districts — Map — 
Changes— Petitions— Bonded debt 
—Vote instead of petition— Notice 
to districts interested — Action on 
petition— Adjournment to perfect 
petition — Appeals — Same when 
township is in two counties— Elec- 
tion in district in two counties — 
Record and map of changes filed 
with county clerk— Organization of 
new district— Hearing of appeal by 
county superintendent — Division of 
funds— Adjustment of property and 
debts— Trustees liable — Distribu- 
tion authorized if heretofore neg- 
lected—Clerk liable— District dis- 
solved upon failure for two years to 
have a school— Union district dis- 
solved. 

Apportionment of funds— Forfeiture 
by district. 

Transfer of pupils — Township high 
school established, discontinued. 

Statistical report to county superin- 
tendent-Forfeiture of funds. 

Same when township lies in two or 
more counties. 

Trustees to examine treasurer's ac- 
counts. 

Title of school property— Control of 
school premises — School house 
may be used for meetings— Sale of. 



SYLLABUS OF SCHOOL LAWS. 



13 



Section. 

40. Township treasurer custodian— Re- 

moval of treasurer — Suit on bond. 

41. Trustees may take, hold and sell real 

estate— May settle claims. 

School dieectoes— Theie election 
and duties. 

42. Election— Term of office— Vacancies 

—Notices— Treasurer or county su- 
perintendent may order election — 
How conducted — Judges — Post- 
ponement — Tie — Organization of 
board— Records — Meetings — Re- 
ports to treasurer— To voters— Pay 
of clerk— Return of election-Pen- 
alty— Non-residence of trustee or 
director makes a vacancy— Same 
person may not be both a teacher 
and a director — Trustee and di- 
rector not to be interested in eon- 
tracts of their boards. 

43. Taxation by districts— Limitations- 

Surplus for library and apparatus- 
Sale of personal property. 

44. Taxlevy— Formof certificate- "When 

district is in two counties. 

45. County clerk to compute and extend 

tax— Assessor to note district for 
personalty— County clerk to send 
treasurers certificates of amount 
of tax— Collector to pay treasurer 
amount collected and to give him 
list of delinquent taxes— Taxes of 
union districts. 

46. Suit against collector. 

47. Borrowing money— Limit— Limit of 

tax— Bonds— Registration. 

48. Directors a body politic and corpor- 

ate — Name — Quorii m — Liability- 
School for 110 days— Who may at- 
tend—Rules and regulations— Ap- 
pointment of teachers— Dismissal- 
Pupils assigned to schools— Studies 
—Text books— Books for poor child- 
ren—Pupils suspended or expelled 
—Four hours a day for children 
under 12— Vote of people necessary 
in cases named— Site taken by con- 
demnation. 

49. Judgments against trustees and di- 

rectors. 

EXA]VnNATION AND QUALIEICATIONS OF 
TEACHEES. 

50. Certificates granted to whom— First 

grade— Second— Renewal— Revoca- 
tion— Form-County normal school 
diploma— Record— State certificate 
—Branches of study to be taught in 
schools. 

51. Examinations, times, places, no- 

tices—Fees and institute funds- 
Institute s— Registration fees. 

Teachers- Theie duties. 

52. Must have certificates — To keep 

schedules and account for prop- 
erty. 

53. To keep registers— Form of register- 

To keep schedules— Form of sched- 
ules and certificates of same- 
Teachers' wages, when and how 
paid— Interest on same. 

54. Filingschedules— Liability of direc- 

tors—School month— Holidays. 



Township Teeasueee— His duties. 
Section. 

55. Bond— Approval of— Increase of— 

Form. 

56. Treasurer's books, how kept. 

57. Loans — Interest — Term— Amount- 

Securities— Surplus district funds 
loaned — Statement of loans to 
county superintendent. * 

58. Mortgage security— Form, f^?^ 

59. Breach — Other mortgages valid- 

Valuation of real estate. 

60. Additional secvirity- Preference by 

administrators and executors. 

61. Interest— Default in payment— Suit 

to recover. 

62. Actions in name of trustees— Treas- 

urer to deiuand moneys, books and 
papers— To keep funds at interest. 

63. Treasurer's statements to trustees, 

semi-annual, annual— To districts 
—To be posted at district elections- 
Penalty. 

64. Further penalty— Released— Liabil- 

ity of trustees. 

65. Treasurer to deliver to successor- 

Penalty. 

Township and County School Funds. 

66. Township fund and county fund— In- 

terest distributed— Added to prin- 
cipal. 

67. Paying out school funds— Funds of 

union districts— Form of order. 

Common School Funds. 

68. State school fund. 

69. State interest. 

70. Apportionment of state fund— War- 

rants applied in collector's settle- 
ments—Suit against defaulting col- 
lector. 

Compensation or Ofpicees. 

71. Of county superintendent— Of as- 

sistants—Bills—Auditor to pay- 
Amount kept out of next apportion- 
ment. 

72. Pay of treasurers— Exemption of 

trustees and directors. 

Liabilities of Officees. 



76. 



For conversion of funds. 

Trustees liable for treasurer's sure- 
ties. 

Real estate of school officers held. 

Penalties against school officers — 
Removal of director by county su- 
perintendent. 

Officers responsible for losses— Sec- 
tarian appropriations and grants 
prohibited— Officers not to be in- 
terested in sale of books or appa- 
ratus. 

Costs. 



78. No costs taxed against school offi- 

cer. 

Of Cities and incoepoeated Towns. 

79. This act not to repeal special acts — 

School officers to report statistics 
to county superintendent— Educa- 
tional institutions to report to state 
superintendent. 



14 



SYLLABUS OF SCHOOL LAWS. 



Section. 

■80. School law applicable to cities and 
villages— Board of education in dis- 
tricts of two thousand inhabitants 
—First election— To succeed direc- 
tors—Terms of office fixed- Powers 
and duties of board— May expel 
pupils, remove teachers, apportion 
scholars— By-laws— Rules and reg- 
ulations—Care of school property 
—Supplies— Presi dent— Secretary — 
Eecord— Yeas and nays— Powers 
exercised only at meetings— An- 
nual report— Conveyances— School 
fund subject to order of board- 
Special law may be abandoned- 
Organization under general law- 
Powers of board in cities of over 
one hundred thousand inhabitants, 
exercised with concurrence of city 
council— Exclusive powers of the 
board— Government and control of 
schools— Examination of teachers 
Manner of conducting business 
— Eecords — Eeports — Leases — 
Loans— Conveyances— Funds held 
by city treasurer subject to order 
of the board— City not liable— Ap- 
pointment of board — Vacancy — 
Board not to levy taxes. 

Common School Lands. 

81. "What are common school lands. 

82. Business transacted, Avhere- -Tres- 

pass— Fines paid to township treas- 
urer—Disposition of other fines- 
Duty of officers- Penalty for neg- 
lect of duty. 

Sale of Common School Lands. 

83. Petition for sale. 

84. Fractional township attached to 

adjoining. 

85. Trustees notified— To make division 

—Plat — Valuation — Delivery to 
county superintendent. 

86. Manner of sub-dividing. 

87. Terms of sale. 

88. Place of sale— advertisement. 

89. Sale. 

90. Closing up sales— Settlement with 

delinquent purchaser. 

■91. Private sale. 

'92. Valuation vacated— Second valua- 
tion. 

■93. Entry of sale— Certificate. 

■94. Annual statement of superintendent 
to county board. 

'95. Transcript of sales to auditor. 

'96. Patent for school lands. 

■97. Duplicate certificate and patents. 

•38. Piepeal. 



[Additional acts.] 



Women as School Officees. 

99. Women eligible to school offices. 

100. Oath— Bond. ' 

Educational Rights of Childeen. 

TOl. Who must send children to school. 

102. Exemptions. 

103. Penalties. 

104. School officers must enforce law. 



Rights of Colored Children. 

Section. 

105. May not be excluded for color. 

106. Penalty for exclusion. 

107. Penalty for menace. 

Renting School Lands. 

108. Trustees may rent lands. 
Granting Right of Wat to Railroads. 

109. Trustees may sell right of way. 
Dedicating Land foe Streets. 

110. Trustees may dedicate land for 

streets. 

School Districts legalized. 

111. Districts organized under section 33 

legalized. 

Districts with not less than four 
HUNDRED Inhabitants. 

112. When and how formed. 

Notice of Payments made to Treas- 
urer. 

113. Trustees and school boards to be 
notified of payments to treasurers. 

Attendance upon Institutes. 

114. Teachers given five days to attend 

institutes. 

Auditing and paying Bills of County 

Superintendents. 

115. When bills shall be audited and 

paid. 

President of Board of Education 

elected. 

116. President elected. 

117. Duties of president. 

118. Repeal. 

Members of Board of Education ap- 
pointed. 

119. To be appointed when city counci 

has been school board. 

120. Mayor to appoint— Council to con- 

firm. 

121. Organization— Powers. 

122. Further powers. 

Members of Board of Education 

ELECTED. 

123. Time of election— Organization. 

124. Repeal. 

Loans of Funds in Special Districts 

125. Made as under general law. 

Elections under Law of 1885. 

126. School elections under law of 1885— 

Polling places. 



SCHOOL LAWS AND DECISIONS. 



15 



Section. 

127. Conduct by commissioners — Ke- 

turns. 

128. Penalty for refusal to serve— For in- 

terference with election. 

129. Repeal. 



County Noemal Schools. 



130. County may establish normal scliool 

—Vote. 

131. County board of education— Elec- 

tion. 

132. Powers and duties of board. 

133. Two or more counties may unite. 

134. Prior action of counties legalized. 

135. Members of board not compensated. 

136. Act in force - 



Ohdeks deawn against Funds on Hand 

—Against Taxes uncollected. 
Section. 

137. Warrants drawn only when there 

are funds. 

138. Income from taxes anticipated. 

139. Jurors' certificates. 

Refunding Bonds and Othee Out- 
standing Indebtedness without 
Registeation with State Auditoe. 

140. Bonds refunded. 

Custodians or Public Funds to Pub- 
lish Annual Statements. 

141. Officers to publish annual state- 

ments. 

142. Penalty. 



An Act to establish and maintain a system of free schools. 

L* April 1-July 1, 1872.J 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION — HIS ELECTION AND 

DUTIES. 

1. Election— Term of ofB.ce. Section 1. Be it enacted 
hy the People of the State of Illinois, represented in the General 
Assembly: That at the election to be held on Tuesday after the 
first Monday of November, in the year of our Lord one thou- 
sand eight hundred and seventy-four, and quadrennially there- 
after, there shall be elected, by the legal voters of this state, 
a state superintendent of public instruction, who shall hold 
his office for four years from the second Monday in January 
next after his election, and until his successor is duly elected 
and qualified. 

2. Oath — Bond. § 2. Before entering upon his duties he 
shall take and subscribe the oath of office prescribed by the 
constitution, and shall also execute a bond, in the penalty of 
twenty-five thousand dollars, payable to the State of Illinois, 
with securities to be approved by the governor, conditioned for 
the prompt discharge of his duties as superintendent of public 
instruction, and for the faithful application and disposition, 
according to law, of all school moneys that may come into his 
hands by virtue of his office. Said bond and oath shall be 
deposited with the secretary of state, and an action may be 
maintained thereon by the state, at any time, for a breach of 
the conditions thereof. 

3. OfB.ce— Documents— Records. § 3. It shall be his 
duty to keep an office at. the seat of government of the state, 
and to file all papers, reports and public documents trans- 
mitted to him by the school officers of the several counties, 

* When a section has been amended since 1872, the date of the approval of the 
amendatory act and the date wlien it went into force are given at the end of the sec- 
tion. If a section lias been amended more than once, the dates are given for each 
amendatory act. 



16 SCHOOL LAWS AND DECISIONS. 

each year separately, and to keep and preserve all other pub- 
lic documents, books and papers relative to schools, coming 
into his hands as state superintendent, and to hold the same 
in readiness to be exhibited to the governor, or to any com- 
mittee of either house of the general assembly ; and shall keep 
a fair record of all matters pertaining to the business of his 
office, (a) 

(a) Official Files — Return of Correspondence. Correspondents 
asking for official opinions often request the state superintend- 
ent to return their letters with his answers thereto ; but such 
requests are not complied with, for the law is construed to 
require that such letters must be retained on file. Corres- 
pondents should, therefore, retain copies of such papers as 
they wish to preserve ; or transmit in duplicate, in which case 
one copy will be returned if desired. Attested copies of any 
official paper will be cheerfully furnished, when requested ; but 
the originals can not be returned. 

4. Disposition of moneys received. § 4. He shall, 
without delay, pay over all sums of money which may Come 
into his hands by virtue of his office, to the oificer or person 
entitled to receive the same, in such manner as may be pre- 
scribed by law. (a) 

(a) Superintenehmt handles no School Moneys. The superin- 
tendent does not receive any school moneys. The only moneys 
which come into his hands as superintendent are the sums 
appropriated for the clerical and incidental expenses of his 
office. 

5. To counsel -witli teachers. § 5. He shall counsel 
and advise, in such manner as he may deem most advisable, 
with experienced and practical school teachers, as to the best 
manner of conducting common schools. 

6. To supervise schools— To advise county super- 
intendents. § 6. Said superintendent shall have the super- 
vision of all the common and public schools in the state, and 
shall be the general adviser and assistant of county superin- 
tendents of schools in this state ; he shall, from time to time, 
as he shall deem for the interest of schools, address circular 
letters to said superintendents, giving advice as to the best 
manner of conducting schools, constructing school houses, fur- 
nishing the saine, examining and procuring competent teachers. 

7. Report to governor. § 7. Said state superintendent 
shall, on or before the first day of November preceding each 
regular session of the general assembly, report to the governor 
the condition of the schools in the several counties of the 
state ; the whole number of schools which have been taught 
in each county in each of the preceding years, commencing 



SCHOOL LAWS AND DECISIONS, 17 

on the first of July; what part of said number have been 
taught by males exclusively, and what part by females ex- 
clusively ; what part of said whole number have been taught 
by males and females at the same time, and what part by 
males and females at different periods; the number of scholars 
in attendance at said schools ; the number of persons in each 
county under twenty-one years of age, and . the number of 
such persons between the ages of twelve and twenty-one 
years that are unable to read and write ; the amount of 
township and county funds ; the amount of the interest of the 
state or common school fund, and of the interest of the town- 
ship and the county fund annually paid out ; the amount 
raised by an ad valorem tax ; the whole amount annually ex- 
pended for schools ; the number of school houses, their kind 
and condition ; the number of townships and parts of town- 
ships in each county ; the number and description of books 
and apparatus purchased for the use of schools and school 
libraries under the provisions of this act, the price paid for 
the same, and total amount purchased, and what quantity and 
how distributed ; and the number and condition of the libra- 
ries, together with such other information and suggestions as 
he may deem important in relation to the school laws, schools, 
and the means of promoting education throughout the state ; 
which report shall be laid before the general assembly at each 
regular session, (a) [June 3 — July 1, 1879.] 

(a) Reports. The reports of the state superintendent are 
made to the governor biennially; but each contains a statis- 
tical summary of school operations for each of the two pre- 
ceding school years. The statistical school year begins July 
first. 

8. Rules and regulations— Legal advice. § 8, The 
said state superintendent of public instruction shall make such 
rules and regulations as may be necessary and expedient to 
carry into efficient and uniform effect the provisions of this 
act, and of all the laws which now are or may hereafter be in 
force, for establishing and maintaining free schools in this 
state ; and shall be the legal adviser of all school officers, and 
when requested by any such school officers, shall give his 
opinion in writing upon any question arising under the school 
laws of this state, (a) 

(a) 1. Poioer to make Rules. This section grants the 
state superintendent large powers, both legislative and judicial 
in character, whose limits are not easily stated. That he 
speaks with authority in making rules, interpreting laws, and 
in giving opinions upon questions referred to him is recognized 
by the courts, [Pmvell v. Board of Edfiication, 97 111., 375 ; 
State V. Burton, 45 Wis., 150; State v. Graham, 60 Wis,, S95.] 



18 SCHOOL LAWS AND DECISIONS. 

2, Decisions Final. The decisions of the state superinten- 
dent are final, unless otherwise directed by the legislature, or 
reversed by a court of competent jurisdiction. 

3. Will not advise as to Cases in Court. He has nothing to 
do with school cases which have been taken into the courts. 
Hence, he can not take under advisement, or furnish opinions 
upon, cases or questions upon which judicial proceedings have 
been instituted. It would be both useless and improper for 
him to do so, for his jurisdiction ceases where that of the courts 
begins. The object of the powers with which he is invested 
is to ^jrey^?!^ litigation, not to interfere after suits have been 
commenced. This will explain why decisions are not furnished 
to parties in actual litigation. They mast apply for informa- 
tion or instructions before bringing suit. 

9. May order funds witliheld. § 9. The said state 
superintendent shall have power to direct and cause the county 
superintendent of any county, directors or boards of trustees 
or township treasurer of any township, or other school officer, 
to withhold from any officer, township, district or teacher, any 
part of the common school, or township, or other school fund, 
until such officer, township treasurer or teacher shall have 
made all schedules, reports and returns required of him by 
this act, and until such officer shall have executed and filed 
all official bonds and accounted for all common school or 
township or other school funds which have heretofore come 
into his hands, as required of him by this act. 

10. Salary — Expenses. § 10. And the said state superin- 
tendent shall receive, annually, such sum as may be provided 
by law, as a salary for the services required under the provi- 
sions of this act or any other law that may be passed, and 
also all necessary contingent expenses for books, postage and 
stationery pertaining to his office, to be audited and paid by the 
state as the salaries and contingent expenses of other officers 
are paid, (a) 

(a) Salary. Section 1 of the Fees and Salaries Act, fixes 
the salary of the state superintendent at thirty-five hundred 
dollars a year. The amount for clerk hire and contingent ex- 
penses is determined by the legislature at each session. [Sec. 
1, Chap. 53, Rev. Stat. III.] 

COUNTY SUPEKINTENDENTS — THEIR ELECTION AND DU1IES. 

11. Election — Oath— Bond. § 11. On the Tuesday next 
after the first Monday in November, 1882, and every four (4) 
years thereafter, there shall be elected by the qualified voters 
of every county in this state a county superintendent of schools, 



SCHOOL LAWS AND DECISIONS. 19 

-who shall perform the duties required by law, and shall 
■enter upon the duties of his office on the first Monday of 
December after his election. He shall, before entering upon 
his duties, take the oath prescribed by the constitution, and 
execute a bond, payable to the State of Illinois, with two (2) 
or more responsible freeholders as security, to be approved by 
the county board, or judge and clerk of the county court, in 
penalty of not less than $12,000, to be increased at the dis- 
cretion of said board, conditioned that he will faithfully per- 
form all the duties of his office according to the laws which 
are or may be in force, by which bond the obligors shall be 
bound jointly and severally, and upon which an action or 
actions may be maintained by the board of trustees of the 
proper township, for the benefit of any township or fund in- 
jured by any breach, (a) and the county board of each of the 
counties of this state shall, in the month of December, A. D. 
1881, appoint a county superintendent of schools, who shall 
be the successors in office, respectively, of the county superin- 
tendents of schools then in office, and the term of office of the 
then officers so appointed shall be one (1) year and until the 
•election and qualification of their successors. iMay 31 — July 
1, 1881.] 

(a) 1. Oath — Bond. Before county superintendents can legally 
■enter upon the discharge of their official duties, they must 
take an oath for the faithful performance of the same, and 
execute a bond, as prescribed. The amount of the bond should 
be at least double the amount of moneys and securities that 
will be held by the superintendent at any one time. 

2. Liability of, for Loss of Funds. The supreme court has 
passed upon the liability of township treasurers for all funds 
•coming into their hands as treasurers in Thompson v. Trustees, 
SO 111., 99. [See note (a), 4, Sec. 55], and the same liability 
attaches to the county superintendent. The official relations 
of county superintendents to the public funds coming into 
their hands as such, being identical in nature with those of 
township treasurers, the same stringent rule of responsibility 
applies to the former as to the latter — they are equally liable 
on their official bonds for the loss of any trust funds in their 
hands, even though caused by accident or the felony of another. 
I do not see any mode of relief in any such case, except by 
the special interposition of the legislature. In the case of the 
public funds distributed by county superintendents under sec- 
tion sixteen of this act, the liability does not cease with the 
expiration of the time within which it is the duty of township 
"treasurers to call for their respective amounts, but remains in 



20 SCHOOL LAWS AND DECISIONS. 

full force SO long as any part of said funds remains in their 
hands. Prudence, therefore, dictates that all said funds, when 
received and payable, should be paid over and receipted for 
with as little delay as possible. 

12. Form of "bond — Filed. § 12. The bond required in 
the foregoing section shall be in the following form, viz : 

State of Illinois, t <.<, 

(Jounty . ) 

Know all men by these presents, that we, A B, D and E F are held and firmly 
bound, jointly and severally, unto the People of the State of Illinois, in the penal. 

sum of dollars, to the payment of which we bind ourselves, our heirs, 

executors and administrators, firmly by these presents. 

In witness whereof, we have hereunto set our hands and seals, this day 

of A.D.18.... 

Tlie condition of the above obligation is such, that if the above bounden A B, 
county superintendent of the county aforesaid, shall faithfully discharge all the 
duties of said office, according to the laws which now are or may hereafter be in 
force, and shall deliver over to his successor in office all moneys, books, papers and 
property in his hands, as such county superintendent, then this obligation to be^ 
void; otherwise to remain in full force and virtue. 

A B, [SEAL.J 

C D, [seal.] 

E F, [SEAL.] 

And which bond shall be filed in the office of the county 
clerk. 

13. Kemoval — New bond — Vacancy. § 13. The said 
superintendent shall be liable to removal by the county board 
for any palpable violation of law or omission of duty ; {a) and 
if a majority of said board shall at any time be satisfied that 
his bond is insufficient, it shall be his duty, on notice, to exe- 
cute a new bond, to be payable, conditioned and approved as 
the first bond, the execution of which shall not affect the old 
bond or the liability of the security thereof; and when the 
office of county superintendent shall become vacant by death, 
resignation or otherwise, the county board shall fill the same 
by appointment, and the person so appointed shall hold his 
office until the next election of county officers, at which electiort 
the county board shall order the election of a successor. 

Office — Furniture — Supplies. The county board shall pro- 
vide for the county superintendent a suitable office with neces- 
sary furniture, and shall provide him with office supplies, as is. 
done in the case of other county officers, [b) [June 26-July 
1, 1885.] 

{a) 1. Removal. The county board may not capriciously remove 
a county superintendent ; he may be removed for a "palpable 
violation of law or omission of duty" only. It has been held 
in this state that a county board justly removed a county 
superintendent who had been repeatedly intoxicated at times 
when he should have been attending to his official duties. It 
was also held that it was not essential to the validity of the 
order of removal in this case that the record of the board 
should show charges preferred and filed ; that the mode of pro- 



SCHOOL LAWS AND DECISIONS. 21 

cedure in procuring and hearing evidence in such a case was 
within the discretion of the county board, and that since the 
statute is silent on the point, the board is not required to give 
the superintendent notice of the time and place of the trial. 
[People V. Maijs, 117 111., 257.] 

2. Resignation. When an officer tenders his resignation in 
writing to the person or persons who may properly accept it, 
and the paper is received and ordered filed, the resignation is 
thereby accepted though there may be no formal act or record 
of acceptance, and it is not subject to withdrawal thereafter. 
[Pace V. People, 50 111., 432.] 

(&) Office — Furniture — Supplies. The county superintendent's 
office should be a well lighted room of considerable size, and 
easy of access. If it is not large enough for the examination 
of teachers, the superintendent should have the use of addi- 
tional room, as he may need. The furniture should include, 
besides chairs, tables and writing desk, a book-case, a press 
for copying letters and a letter book, letter files, and other 
appliances for preserving letters and papers. The superinten- 
dent should also be furnished with a dictionary, a good county 
map and a map of the state. His office supplies should in- 
clude all stationery, blanks, record books, necessary printing, 
postage and the other incidentals of the office. In regard to 
all these matters, the county board should deal with the super- 
intendent just as it does with the other county officers, and 
should order the bills therefor paid from the county treasury. 
Formerly the state superintendent ruled that these things, 
when not furnished by the county board, might be obtained by 
the county superintendent and paid for out of school funds 
in his hands. But since the law was amended in 1885 to read 
as above, such a ruling -is no longer necessary ; and inasmuch 
as the law now points out the way in which the office, furni- 
ture, etc., shall be provided and paid for, it is held to be un- 
lawful for the county superintendent, even with the consent or 
by the direction of the county board, to use school moneys for 
any such purpose. The only exceptions to the rule that the 
county superintendent's incidental expenses must be paid from 
the county treasury, are that advertising the times and places 
of holding examinations for teachers may, by Sec. 51, be paid 
for out of the school fund, and that the expenses of the insti- 
tute, held under Sec. 51, are a charge upon the institute fund. 



22 SCHOOL LAWS AND DECISIONS. 

County superintendents should determine in advance, as nearly 
as may be, what incidental expenses they will have, and obtain 
authority from the county board to incur them, or secure a 
regular allowance for such purposes. If county superinten- 
dents wish or expect to incur unusual expenses, they should 
arrange for them in advance with the county board. 

In most counties the county boards have treated the 
county superintendent's office with reasonable liberality ; but a 
few boards have been extremely niggardly. The law now de- 
clares this office as important as other county offices, and 
county boards must accord to all the same measure of sup- 
port. 

14. Records of land sales— Loans. § 14. The said 
superintendent shall provide three well bound books, which 
shall be paid for from the county treasury. These books shall 
be known and designated by the letters A, B, C, for the fol- 
lowing purpose : In book A he shall record, at length, all 
petitions presented to him for the sale of common school lands, 
and the plats and certiticates of valuation made by or under 
the direction of the trustees of schools, and the affidavits in 
relation to the same. In book B he shall keep an account of 
all sales of common school lands ; which account shall con- 
tain the date of sale, name of purchaser, description of land 
sold and the sum sold for. In book C he shall keep a regular 
account of all moneys received for lands sold, or otherwise, 
and loaned or paid out; the person of whom received, and on 
what account, and showing whether it is principal or interest ; 
the person to whom loaned, the time for which the loan was 
made, the rate of interest, the names of the securities when 
personal security is taken, or, if real estate is taken as security, 
a description of said real estate ; and if paid out, to whom, 
when, and on what account, and the amount paid out ; the 
list of sales and the accounts of each township fund to be kept 
separate, (a) 

Report to county board. The county superintendent 
shall report in writing to the county board, at their regular 
meeting in September of each year, giving first, the balance 
on hand at the time of the last report, and a statement in 
detail of all receipts since that date, and the sources from 
which they were derived ; second, the amount paid for expenses ; 
third, the amount of his commissions ; fourth, the amount dis- 
tributed to each of the township treasurers in his county ; fifth, 
any balances on hand. He shall also present for inspection 
at the same time his books and all notes or other evidences of 
indebtedness which he holds officially, with the securities of the 
same ; and he shall give in writing a statement of the condition 
of the county fund and of any township funds of which he may 
have the custody, {b) [June 3-July 1, 1879.] 



SCHOOL LAWS AND DECISIONS. 2S 

(a) Records of Land Sales. The first part of this section 
relates to the sales of sixteenth section lands, and loaning the 
moneys received on account of such sales. Since, however, all 
these lands have been sold, excepting a few acres, and the 
funds turned over to the township treasurers, the topic will be 
passed with the suggestion that the books named should be 
carefully preserved ; for the transactions recorded in them are 
essential links in the titles of these school lands, and some- 
times no other record exists of what these books contain. 

(b) 1. Report relates to What. The county superintendent 
holds no longer any township funds ; so the report he is re- 
quired to make by this section includes, at most, but two things : 
(1) The account of moneys received for distribution to the town- 
ships, which may be called the "distributable fund," and (2) 
the condition of the county fund, which is found in some 
seventy counties. 

2. The Distributable Fund. The distributable fund consists 
(aside from any balance) of (1) the amount received on the 
auditor's warrant ; (2) receipts from fines and forfeitures ; (3) 
income of county fund, if the county has such a fund. The 
only lawful disbursements from this fund are (1) to township 
treasurers ; (2) to county superintendents, two per cent, com- 
mission on the amount paid township treasurers (on the war- 
rant paid, not on the whole fund), and on amounts loaned, 
and (3) to pay for advertising the times and places of examin- 
ing teachers. It is so provided in sections 16, 19, 71 and 51. 
The report should show in detail the receipts and expenditures 
and the evidences of balances on hand. 

3. The Comity Fund. The report of the county fund should 
state its amount, how it is invested, and the condition of the 
several loans, and there should be an exhibit of the securities 
held and of the cash on hand. 

4. Other Reports. Section 51 requires the county superin- 
tendent to report at the same time upon the institute fund, 
but the several funds should be kept entirely distinct. Neither 
have the reports called for by this section and section 51 any 
connection with the quarterly bills for services accompanied by 
detailed statements thereof, which county superintendents ren- 
der for approval and transmittal to the state auditor; nor have 
they anything to do with the bills for office expenses, etc., in- 



24 SCHOOL LAWS AND DECISIONS. 

curred under section 13 by authority of- the county board, and 
presented for audit and payment from the county treasury. 

5. Power oj the County Board. In relation to the distribut- 
able fund, the power of the county board in the premises is, 
solely, to examine the account and certify as to its accuracy. 
The law directs how the fund shall be managed and what dis- 
position shall be made of it ; and as to these matters the 
county board may not control the discretion of the county 
superintendent. If he violates the law, the board may remove 
him ; if the fund suffers loss, the board may hold him on his 
bond ; but within the limitations imposed by the law, the 
county superintendent acts independently of the county board. 
He has the same freedom of action in regard to the county 
fund and the institute fund, and in regard to plans and methods 
in the performance of his ofQcial duties and the division of his 
time among them. But the expenses to be paid under Sec, 13 
must be authorized by the county board, and the board must 
audit and approve them. If the county superintendent incurs 
SQch expenses without authority, and the board disapproves, 
he will have them to pay himself. 

Harmony of action between the county board and county 
superintendent will be promoted, if each will keep within the 
limits imposed by the law and yield to the other his full rights. 
It should be added that the purpose of requiring these reports 
is that the interests of the public may be guarded, and in order 
that that end may be attained, the reports should all be made 
up with fullness of detail and with accuracy. All public busi- 
ness should be done in a methodical way and with such care 
and fidelity as to welcome scrutiny and defy suspicion. 

15. Treasurers' bonds —Delivery of funds to treas- 
urers. § 15. Whenever the bond of any township treasurer, 
approved by the board of trustees of schools, as required by 
law, shall be delivered to the county superintendent, he shall 
carefully examine the same, and if the instrument is found to 
be in all respects according to law, and the securities good 
and sufficient, he shall indorse his approval thereon, and file 
the same with the papers of his office ; but if said bond is in 
any respect defective, he shall return it for correction. When 
the bond shall have been duly received and filed, the superin- 
tendent shall, on demand, deliver to said township treasurer 
all moneys, bonds, mortgages, notes and securities, and all 
papers of every description belonging to said township ; and 
the said township treasurer shall receipt for the same, which 
receipt shall be carefully filed and preserved by the county 



SCHOOL LAWS AND DECISIONS. 25 

superintendent, and shall be evidence of the fact therein 
stated, (a) 

(a) 1. Approval of Treasurers' Bonds. The object of this 
section is to throw further safeguards around the township 
funds, by requiring a close scrutiny of the bonds of township 
treasurers, on the part of county superintendents. For lack 
of such scrutiny many townships have suffered heavy losses ; 
and there is reason to fear that some bonds now on file are 
worthless by reason of fatal defects of form, or failure of re- 
newal for a term of years, and the consequent present insuffi- 
ciency of the securities. It is true that the duty of passing 
upon the sufficiency of the township treasurer's securities, and 
of approving his bond, rests by law, primarily, upon the board 
of trustees, and that the penal consequences of neglect fall 
chiefly upon them. But it is plain from the language of this 
section, that it is the intention of the legislature to require 
great vigilance on the part of the county superintendents, as 
an additional safeguard for the funds of the township. Hence, 
if a bond is "in any respect defective," they must "return it 
for correction." Their duty is not fulfilled by simply acting 
as custodians of the bonds of township treasurers, and accept- 
ing, without investigation, all that are presented, provided only 
that they are approved by the requisite number of trustees. 
They must closely examine every instrument, to see that it is 
in strict conformity with the law ; that it is duly renewed every 
two years, and, as far as practicable, that "the securities are 
good and sufficient." And until the bonds are purged of all 
defects, they must refuse to pay over the funds or to deliver 
up the papers, etc., to the township treasurers concerned. 
When a bond is perfected, according to law and to the re- 
quirements of the county superintendent, and not before, that 
officer will "indorse his approval thereon, and file the same 
with the papers of his office." He should insist that the bond 
1)6 in the form prescribed in the statute — Sec. 55. Sec. 55 also 
gives the superintendent the power to call for additional se- 
curity whenever he finds that the bond has become insufi^cient, 
and this power imposes a corresponding duty of keeping well 
informed as to the condition of each bond on file in his office. 

2. Funds to be paid over. The last part of the section re- 
lates to the time when the school townships were first organ- 
ized as at present and the township funds (both the perma- 
—2 



26 SCHOOL LAWS AND DECISIONS. 

nent fund and that for current expenses in the districts), which 
had so far been held by the county superintendent, were to 
be turned over to the township treasurers. 

16. Apportionment and payment of school funds. 
§ 16. Upon the receipt of the amount due upon the auditor's 
warrant, the county superintendent shall apportion said amount 
to the several townships and parts of townships in his county 
in which townships or parts of townships schools have been 
kept in accordance with the provisions of this act and with the 
instructions of the state and county superintendent, according 
to the number of children under twenty-one years of age re- 
turned to him, and shall pay over the distributive share belong- 
ing to each township and fractional township, to the respective 
township treasurers, or other authorized persons annually* : 
Provided, that no part of the state, county or other school 
fund shall be paid to any township treasurer, or other person 
authorized by said treasurer, unless said township treasurer 
has filed his bond as required by the fifty-fifth section of this 
act, nor in case said treasurer is re-appointed by the trustees, 
unless he shall have renewed his bond and filed the same as 
aforesaid, {a) 

(fl) 1. Conditions of Apportionment. The condition upon 
which a township may share in the apportionment of funds 
made by the county superintendent, is that it has had during 
the year ending June 30th, preceding the distribution, at least 
one school kept within its limits in accordance with the law. 
What this term, "in accordance with law," means in this con- 
nection will be considered under Sec. 34. Townships and parts 
of townships, in which no schools have been kept according to 
law, can not share in the distribution of the school fund. But, 
if a single school of a township has been kept as the law 
requires, that township is entitled to the benefit of the school 
fund. Where a township is divided by a county line, leaving 
one or more districts on each side of said line, the treasurer 
of said township is entitled to funds from each superintendent, 
provided that schools have been kept according to law in each 
fraction of the township ; but not otherwise. If the district or 
districts in the part of said township lying in one county, have 
complied with the provisions of law, while the district or dis- 
tricts of said township which lie in the other county, have not 
so complied, then the treasurer of said township is entitled to 
funds from the superintendent of the former county, but not 
from the superintendent of the latter county. Another condi- 

*rorin No. 2. 



SCHOOL LAWS AND DECISIONS. 27 

tion of sharing in the distribution is that the trustees have 
made the annual report to the county superintendent as re- 
quired by Sec. S6. See the last sentence of that section. 
Failure to satisfy either of these conditions causes a forfeiture 
of the fund by the township failing (the state superintendent, 
may remit the forfeiture on account of a failure to report [Sec 
36]), and the county superintendent must in such a case ap- 
portion the whole distribatable fund to the other townships. 
[Pace V. People, 47 111., 321.] 

2. Basis of Apportionment. The basis of the apportionment 
is the number of persons under twenty-one years of age accord- 
ing to the returns of the school census received by the county 
superintendent. Official census returns must be received, unless 
known to be fal-e and fraudulent, in which case they may be 
rejected and the funds withheld until true returns are made ; 
or, the latest correct returns on file may be taken as the basis, 
as aforesaid. 

3. Conditions of Payment. But the county superintendent^ 
after making the apportionment to any township, must not 
pay over the money to the treasurer unless he has fully com- 
plied with the law in regard to his bond. The provisions of 
the law on this subject may be summed up as follows : 

(1) Every township treasurer, before entering upon his duties, 
must execute a bond. 

(2) If a treasurer serve two years and is re-appointed, he 
must execute a new bond. 

(3) If a treasurer resign, or is removed, and a new one is 
appointed, he must execute a bond. 

(4) Every bond must have at least two responsible freeholders 
as securities, which securities shall not be members of the board 
of trustees. 

(5) Every bond must be approved and accepted by at least 
two members of the board of trustees. 

(6) The penalty of every bond must be at least twice the 
amount of the moneys, notes, mortgages, and effects, in the 
custody, or to be in the custody, of the township treasurer. 

(7) Every township treasurer's bond must be in the form 
prescribed by law. [See section 55.] 

A reference to the above points will enable any county superin- 
tendent to determine readily and surely the character and con- 



28 SCHOOL LAWS AND DECISIONS. 

dition of every bond on file in his office, or that may be 
delivered to him, and to govern himself accordingly. 

But the fact that a township does not have a duly qualified 
treasurer at the time when the apportionment is made by the 
county superintendent, does not make it the duty of the county 
superintendent to omit the township in the distribution. He 
must include such township and apportion to it its share, but 
hold the money until the township has a duly qualified treasurer 
to whom it may be lawfully paid. That is, this provision of 
the law is not a penalty to be enforced, but a means for the 
protection of both the county superintendent and the township, 
so that neither may suffer loss through a payment to an irre- 
sponsible person. 

4. ToivnsUip Treasurers to Call for Funds. It is the duty of 
township treasurers to call upon the county superintendent for 
the funds due their respective townships, upon benig duly 
notified that the same are ready for distribution. 

17. Reports to state superintendent— Penalty. § 17. 
On or before the fifteenth day of August before each regular 
session of the general assembly, or annually, if so required by 
the state superintendent, the county superintendent shall com- 
municate to said state superintendent all such information and 
statistics upon the subjects of schools in his county as the said 
state superintendent is bound to embody in his report to the 
governor, and such other information as the state superin- 
tendent shall require; and any county superintendent so fail- 
ing or refusing to report, shall be liable to removal by the 
county board for such neglect of daty. (a) [June 3 — July 1, 
1879.] 

(a) 1. Reports, One of the most important duties of county 
superintendents is the preparation of full and careful reports, 
showing the progress and condition of the public schools in 
their respective counties. Upon the completeness and accuracy 
of the county reports depend the fullness and value of the 
biennial report to the governor, and upon that report the people 
of this and other states rely for their knowledge of the condi- 
tion of public education in Illinois, and the legislature, for the 
data by which to estimate the character of the results achieved, 
and the legislation necessary to the further improvement and 
development of the whole system. 

I wish I could impress upon school officers the vast impor- 
tance of well digested, consistent and thoroughly trustworthy 
statistical and general educational reports. It is certain that 



SCHOOL LAWS AND DECISIONS. 29 

many consider the elaboration and tabulation of school reports 
as little better than useless drudgery — to be performed because 
required by law, but as of little practical value. And hence, 
it can not be denied that this duty is more neglected, or more 
carelessly performed, than any other connected with our sys- 
tem. I speak in general terms, for there have always been 
some whose reports have reflected honor upon themselves and 
the state. 

The first requisite of a statistical report is truth. Let the 
facts appear just as they are, whether they show progress or 
retrogression. It is folly to exaggerate facts in order to save 
the pride of a community, or to make actual decline appear as 
advancement. It is more than folly, because it does injustice 
to those whose bona fide progress is made to suffer by com- 
parison with fictitious progress; and because it misleads and 
deludes the public mind. Consistency, fullness of details, dis- 
criminating accuracy, close observation, neatness and punctu- 
ality, are also indispensable in good school reports. Such 
reports require a great deal of time, and thought and patience ; 
but they are worth something when you get them. I have 
spoken of the necessity of school reports. They are absolutely 
essential — they are the way-marks of progress. No system of 
schools, or of anything else, can dispense with such periodical 
exhibits of its operations. 

2. Penalty for Failure or Refusal to Report. For refusal or 
neglect to render such reports, at the time and in the manner 
required by law, county superintendents are liable to removal 
from office. They are also liable to a fine of twenty-five dol- 
lars for each default in making such report, under section 
seventy-six of this act. 

18. Delivery, to successor. § 18. The county superin- 
tendent, upon his removal or resignation, or at the expiration 
of his term of service (or, in case of his death, his representa- 
tives), shall deliver over to his successor in office, on demand, 
all moneys, books, papers and personal property belonging to 
the office, or subject to the control or disposition of the county 
superintendent, (a) 

(a) Records, etc., to he turned over to Successor. The books 
and papers named should include all the official records of the 
office, books of account, vouchers, treasurers' reports, duplicate 
county superintendents' reports and office copies of the state 
superintendents' reports ; also such other books as may have 



30 SCHOOL LAWS AND DECISIONS. 

been purchased or donated for office use, and all correspond- 
ence of an official character and permanent value. The official 
accounts, records, etc., should be carefully written up to the 
close of the term and all balances stated, so that the incoming 
officer may readily see the condition of such fund and of all 
official business. No feeling of disappointment over a failure 
of reelection, or of jealousy of a successful opponent, and no 
lack of interest in an office to be vacated, will lead a right- 
thinking man to close up his official work otherwise than in a 
creditable way. [Sec. 216, Chav. 38, Rev. Statutes.] 

19. lioaning school funds— Interest apportioned — 
Obligations valid. § 19. The county supermtendent may 
loan any money, not interest, belonging to the county fund, 
before the same is called for, according to law, by the town- 
ship treasurer, at the same rate of interest, upon the same 
security and for the same length of time as is provided by this 
act in relation to the township treasurers, and apportion the 
interest as provided in section sixteen of this act ; and notes 
and mortgages * taken in the name of the "county superin- 
tendent" of the proper county, are hereby declared to be as 
valid as if taken in the name of "trustees of schools" of the 
proper township, and suits may be brought in the name of 
"county superintendents," on all notes and mortgages hereto- 
fore or hereafter made payable to the county superintendents, (a) 

(a) Loans — Securities. In the revision of the school law 
made in 1857, five words were dropped out of this section — 
by some blunder probably — and the first part was thus left 
devoid of meaning. The omitted words are "or to any town- 
ship fund," and they should be inserted after the words "county 
fund" in the second line above. When the county superinten- 
dent sells sixteenth section lands for any school township he 
may loan the purchase money to the buyer (§ 87), taking a 
note and mortgage running to the "county superintendent" ; 
or, if the purchase money is paid in, he may loan it, if he 
have opportunity to do so before it is called for by the town- 
ship treasurer, taking papers running to the "county superin- 
tendent." The last part of the section makes such papers of 
the same validity as if taken in the name of the "trustees of 
schools" who have been made the corporate school officers for 
the school townships (§ 23). 

20. Supervision of schools — Assistants —Advice — 
Institutes. § 20. The county superintendent shall visit each 
school in the county, at least once a year; and in the per- 

* Forms Nos. 3 and 4. 



SCHOOL LAWS AND DECISIONS. 31 

formance of this duty he shall spend at least half the time 
given to his office, and more if practicable, in visiting un- 
graded schools. In counties having not more than one hun- 
dred (100) schools the county board may limit the time of the 
superintendent : Provided, that in the counties having not more 
than fifty (50) schools the limit of time shall not be made less 
than one hundred and fifty (150) days a year ; in counties 
having from fifty-one (51) to seventy-five (75) schools, not less 
than two hundred _(200) days a year, and in counties having 
from seventy-six (76) to one hundred (100) schools, not less 
than two hundred and fifty (250) days a year, (a) The county 
superintendent may, with the approval of the county board, 
employ such assistant or assistants as he needs for the full 
discharge of his duties ; such assistant or assistants shall be 
persons of good attainments, versed in the principles and 
methods of education, familiar with the public school work and 
competent to visit schools, (b) In visiting schools, he shall 
note the methods of instruction, the branches taught, the text 
books used and the discipline, government and general condi- 
tion of the schools. He shall give such directions in the 
science, art and methods of teaching as he may deem expe- 
dient and necessary, and shall be the official adviser and con- 
stant assistant of the school officers and teachers of his county, 
and shall faithfally carry out the advice and instruction of 
the state superintendent. He shall encourage the formation 
and assist in the management of county teachers' institutes, 
and labor in every practicable way to elevate the standard of 
teaching and improve the condition of the common schools of 
his county, (c) 

Controversies — Appeal to state superintendent. In 
all controversies arising under the school law, the opinion and 
advice of the county superintendent shall first be sought, 
whence appeal may be taken to the state superintendent, upon 
a written statement of facts, certified by the county superin- 
tendent.* (d) 

Examination of treasurers' books, etc. — Liability of 
trustees. He shall, at least once each year, examine all 
books, accounts and vouchers of each township treasurer in 
his county ; and if he find any irregularities in them, he shall 
at once report the same in writing to the board of trustees, 
whose duty it shall be to take immediately such action as the 
case demands. He shall also examine all notes, bonds and 
mortgages, and other evidences of indebtedness which the 
township treasurer holds officially ; and if he find that the 
papers are not in proper form, or that the securities are in- 
sufficient, he shall so state in writing to the board of trustees, 
whose duty it shall be to take at once such action as is neces- 
sary to save and protect the property of the districts and the 

*Form No. 5. 



32 SCHOOL LAWS AND DECISIONS. 

townships; and for a failure or refusal to take such action 
within twenty (20) days after such notice, the members of the 
board, each in his individual capacity, shall be liable to a fine 
of not less than twenty-five doUars ($25), nor more than one 
hundred dollars (|100), to be recovered before any justice of 
the peace, on information in the name of the People of the 
State of Illinois, provided such insufficiency is proven, and 
when collected, to be paid to the county superintendent of the 
proper county, for the use of schools; and the payment of this 
fine shall not relieve the board of trustees from their liability 
under the seventy-third (73) section of this act. {e) [June 
3— July 1, 1879 ; June 26— July 1, 1885.1 

(a) Supervision of Schools — Time for Same. The first part of 
this section enjoins upon the county superintendent a careful 
supervision of the public schools of his county. In counties 
having more than one hundred schools, he has all his time 
for his official work, with but this restriction, which applies as 
well to county superintendents in counties with a smaller 
number of schools, that half the time given to his official work 
must be spent in the supervision of ungraded schools. The 
term "ungraded school" is held to mean a school with but a 
single teacher, who has pupils of all degrees of advancement. 
The purpose in requiring so much time to be given to the 
country schools is to secure for them that which they need 
but have usually failed to receive. During the first, second 
and fourth quarters of the county superintendents' year he 
can easily spend more than half his time in visiting ungraded 
schools ; but during the third quarter, he can spend little or 
no time in that way in most parts of the state, for the country 
schools are not in session then. The county superintendent 
fully complies with the law if his bills for the four quarters, 
taken together, show that half the time charged for in them 
has been spent in the supervision of ungraded schools. Hence 
his bill for the third quarter should not be objected to by the 
county board even though it show that during the quarter he 
has not visited such schools at all, provided it is apparent, 
when the bill is considered, that by the close of the year the 
county superintendent will have done, for the whole year, what 
the law requires of him in respect to visitation of ungraded 
schools. 

In counties with not more than one hundred schools the 
county superintendent has all his time for his official work, 
unless the county board limits him; and the extent of this 



SCHOOL LAWS AND DECISIONS. 33 

limitation is fixed. The county boards in these smaller coun- 
ties are not required to limit the time of the county superin- 
tendent. Usually the best interests of the schools and of the 
county will be consulted by putting no restriction upon the 
county superintendent which shall limit his time for school 
supervision, 

(b) Assistants. The county superintendent may, with the 
approval of the county board, employ such assistance as may 
be desirable. County superintendents have already been per- 
mitted to employ assistants in many counties, and it is to be 
hoped that county boards in other, particularly in large, coun- 
ties, will see the propriety of giving their superintendents the 
help needed. It is no exaggeration to say that in at least 
thirty counties the superintendent of schools will find it a 
physical impossibility to do, unassisted, the work the law im- 
poses upon him as it should be done. 

(c) 1. Importance of Superintendent's Duties. This section 
declares what are the great, paramount, all important duties de- 
volving upon the county superintendent as such. These chief 
duties are not to sell school land and apportion school moneys, 
but to visit schools ; to study their methods of instruction, dis- 
cipline and government ; to instruct in the science, art and 
methods of teaching ; to be the advisor and assistant of school 
officers and teachers; to promote the formation of teachers' 
institutes ; and to labor in every practicable way to elevate 
the standard of teaching, and to improve the condition of the 
common schools of his county. 

These are high educational duties and responsibilities, not 
mere business and financial details ; and it is for these great 
ends that the office of county superintendent of schools has 
been created — an office not surpassed by any other in the 
magnitude, dignity, importance and difficulty of the duties im- 
posed — duties which absolutely demand for their proper dis- 
charge the ablest, best, and most experienced educational men 
that can be found — duties that require not only great ability 
and special qualifications, but much time, attention and 
thought. I rejoice that so many of the present superintend- 
ents are of this character. 1 call upon the people of every 
county in the state to see to it that these high interests are 
entrusted to no other class of men. Do not give the highest 
county school office to men who seek it only for the sake of 



34 SCHOOL LAWS AND DECISIONS. 

the commissions accruing from the sale of land and the di- 
vision of the school fund, but to those who comprehend, and 
are able to perform the infinitely more important duties pointed 
out in this section. Let no private, personal, or political con- 
siderations prompt you to place any but the very best avail- 
able man in this responsible position. 

As has already been said, the financial duties of a countiy 
superintendent, though highly important in their sphere, are 
utterly insignificant when compared with his educational duties. 
Any man of ordinary honesty, and of even less than ordinary 
business capacity, can apportion a few hundred dollars. But 
no mere business man, be his talents ordinary or extraordi- 
nary, can successfully meet the educational requirements of 
this and others sections of the school law. It is these duties 
which impart all real value and significance to the office of 
county superintendent. Apart from these duties, the office 
might be abolished without material detriment to the ersential 
interests of common schools. 

From no other cause have the interests of common schools 
suffered so much as from the lack of close, competent, ener- 
getic and faithful supervision. The great want of our free 
school system is supervision. The need of this is felt in all 
its departments and agencies, from the highest to the lowest. 
The impossibility of obtaining full and reliable data for the 
statistical reports, though a serious evil, is the least of those 
which flow from the absence of systematic and responsible 
supervision. The schools themselves, and the essential inter- 
ests of education, are the greatest sufferers. The lack of effi- 
cient subordinate supervision is fatal to every effort of the 
state superintendent to give unity and strength to the system, 
and equally so to the plans of commissioners for the improve- 
ment of the schools of their respective counties. It is vain to 
make recommendations or issue letters of instruction, if there 
are none to see that they are carried out. Hence the want of 
unity and co-operation among the various official agencies of 
the system. Irregularities are unnoticed or winked at ; errors 
in government and classification — vicious arrangements of 
studies and methods of teaching are suffered to exist, all of 
which would instantly be detected by the vigilant eye of an 
experienced visitor, and the proper remedy be applied. 



SCHOOL LAWS AND DECISIONS. 35 

2. Necessity for Good Men. Hence there should be a com- 
petent, earnest and faithful county superintendent in every 
county of the state, who should be required to devote his 
whole time to the watchful care and supervision of the com- 
mon schools of his county; and for these services he should 
receive a suitable compensation. 

. The county superintendents should be the prompt, efficient 
and reliable agents through whom the state superintendent 
could at all times communicate with the schools of the state 
and carry out his plans for their improvement; they should 
be the ready and constant advisers of teachers, directors and 
iownship officers ; counseling them in their duties, relieving 
them in their perplexities, assisting them in their records and 
in all the business details pertaining to the schools. They 
should be active and efficient helpers in preparing for, organ- 
izing and conducting teachers' institutes, and in bringing the 
people to see the necessity of thorough teachers and sound 
principles and methods of instruction. 

For this work the very best and most experienced and edu- 
cational men should be chosen — practical teachers, if possible. 
There is not a county in the state where the ablest and strong- 
est of such men would not find scope for all his time and all 
his powers, and still leave much labor undone that ought to 
be performed. The idea that this work can be properly done 
by any man in connection with or in addition to any other 
regular profession or employment, is absurd ; the mere busi- 
ness and financial matters connected with the schools may be 
attended to hy a person engaged in other pursuits, but to 
speak of this as school supervision would be a strange perver- 
sion of language. 

The supervision here recommended will cost something, but 
it will amount to something. It will be an infinite gain to the 
schools and in the end be in every sense the cheapest. This 
is the testimony of every state where it has been tried, and 
is indeed self-evident ; for all know that honest and vigilant 
supervision is the life and strength of every enterprise requir- 
ing numerous and diversified agencies. 

The friends of free schools are to be congratulated that the 
agency so long needed has at length, in part at least, been pro- 
vided. The legislature has recognized, as never before, the 
true nature of the office. It is for us to see that the just ex- 



36 SCHOOL LAWS AND DECISIONS. 

pectations of the friends of this important change are not dis- 
appointed. 

3. Aims and Method of Vlntation. It is obligatory upon 
county superintendents to visit every school in their respective 
counties, at least once in each year. Less than this ought 
not to be required ; much more is expected. Every school has 
a right to the benefit of such official visitation. The value of 
an encouraging word to a faithful teacher, or an approving 
remark to deserving pupils, or of a kindly hint or suggestion, 
is very great. A devoted and competent superintendent will 
always be able to draw from the storehouse of his experience 
and observation, an apt suggestion or a timely hint, some 
word of counsel or advice, which will cause his visit to be 
pleasantly remembered and its repetition to be desired. 

The visitations of the superintendent should be conducted 
with a definite plan and aim, and the results carefully noted 
and preserved. He should always aim at some positive prac- 
tical good, both to himself and to the school ; he must know 
how and what to observe, and how and what to speak. There 
is no wonder-working magic in the mere ofiicial visit of a 
county superintendent — he must know what he is about, and 
be master of the situation, or the comments that will follow 
his departure may be the reverse of complimentary. If a 
superintendent does not understand the science, art and methods 
of teaching, it is needless to say that he can not instruct others 
in them ; nor will it be long before both the teacher and pupils 
of the school visited, will find it out. But the visits of a 
superintendent of large experience, ample endowments, and an 
earnest, intelligent purpose, can not fail to be always most 
welcome and most useful. 

In order to form a just opinion of the real condition of the 
school visited, the ordinary routine of the exercises should not 
be disturbed or suspended, and the visit should not be less 
than two or three hours, if practicable. The practice of arrest- 
ing the usual proceedings in order to enable the visitor to 
witness the performance of a few favorite scholars or classes, 
is all wrong — it defeats the whole object in view, which is tO' 
ascertain how the daily ivork of the school is done, not to be 
amused or astonished by the achievements of a trained few. 
The superintendent calls to inspect the school, not to attend 
an exhibition. Still worse is the habit of suspending all busi- 



SCHOOL LAWS AND DECISIONS. 37 

ness when the inspector enters, until he "makes some remarks," 
and not resuming until he retires — leaving both parties pre- 
cisely as wise as they were before. The intention of the law 
is plain ; the superintendence contemplated will require care- 
ful study and preparation. Mere visitation is not what is 
wanted; that alone is as useless as for a physician to merely 
look upon a patient, and then retire. The disease must be 
understood, and then the remedy applied. So in the educa- 
tional work ; its principles must be understood, its wants known, 
and then the proper means employed to correct existing defects. 
4. SujJer'iJitendenfs Discretion — County Board's Authority. 
The law makes the superintendent himself the judge as to how 
often it may be expedient and practicable for him to visit any 
particular school or schools. His visits should be as frequent 
as the interests of each school seem, in his judgment, to re- 
quire, and no more. And for exercise of his best judgment 
and discretion in the matter, he can not be called to account. 
The law imposes upon him the duty, and duty implies right. 
His honest acts in the visitation of schools can not be in- 
quired into by the county board, and payment for the service 
refused, except that the board may inquire whether or not he 
has spent, as required, one-half the time given to his office in 
visiting ungraded schools. To justify such a proceeding on 
the part of the county authorities there must be a palpable 
case made out, showing corruption or fraud, or a gross per- 
version or violation of the intent and spirit of the law by the 
county superintendent. A county court or board of supervi- 
sors, can not dictate to a county superintendent, in respect to 
the number, duration, or necessity of his school visitations. 
They may remove him from office "for any palpable violation 
of law, or omission of duty," but in the absence of any such 
palpable dereliction, they can not, in any manner, molest, re- 
scrict, or interfere with him in the discharge of his official 
duties ; and any order or resolution to that effect, would be of 
no force or obligation. Nor is a county superintendent to be 
governed, in visiting schools, by the wishes or opinions of the 
directors or inhabitants of the respective districts. While a 
request to visit a particular school would be an additional 
reason for doing so, a request not to visit, or silent indiffer- 
ence on the part of the directors and people of a particular 
district, would be no reason or justification for neglecting to 



38 SCHOOL LAWS AND DECISIONS. 

visit that school — but rather the contrary. The superintendent 
is the judge of his own actions in the premises, and will visit 
when, where, and as frequently as he thinks duty requires, re- 
gardless of the assent -or dissent, the request or protest, of 
either the county authorities or the people of the respective 
districts — subject only to the penalties prescribed for violation 
of law or omission of duty. 

As to the time that should be spent in each school visited, 
that also is left to the best judgment of the county superin- 
tendent, and he must be governed in each case by the par- 
ticular circumstances and condition of the school visited, keep- 
ing in mind the requirements of the act. It is obvious that 
it will require a longer stay and a closer investigation to as- 
certain the condition and needs of some schools, than it will 
of others, and no one but the county superintendent himself 
can decide what the duration of the visit in each case should 
be. If it were worth while to make a general suggestion on 
the subject, I would say that a visit of less than three hours, 
or one-half of a school-day, would not be likely to be of much 
use. 

(d) 1, Controversies — Appeals. When controversies arise, 
the parties are first to seek the opinion and advice of the 
county superintendent. If his decision is satisfactory, that 
ends it. If not, then the county superintendent forwards a 
written statement of the facts in the case, to the state super- 
intendent. The county superintendent, having already ex- 
amined the case and afforded the parties a full hearing, is 
familiar with all the essential points in issue, and can readily 
embody them in his statement to the state superintendent. 

But it is the intention of the law that all matters of doubt, 
or in respect to which information or advice is needed, should 
be referred, primarily, to the county superintendent. He "shall 
be the official adviser and constant assistant of the school 
officers and teachers of his county." He stands at the head 
of the common school system of his county, and is the proper 
officer to apply to on all subjects relating to the interests of 
the schools, and to the rights and duties of school officers and 
teachers in his county. It is his duty to be thoroughly ac- 
quainted with the law, with its official and judicial interpret- 
ations, and with the whole frame-work of our educational sys- 



SCHOOL LAWS AND DECISIONS. 39 

tern, and thus to be qualified as the official and intelligent 
adviser of all in his county who may need his assistance. 

This was undoubtedly contemplated in the original adjust- 
ment of the several classes of school officers ; it is the shortest 
and most natural course for the parties concerned ; it relieves 
the central office of an unnecessary burden, and smooths and 
simplifies the operations of the whole system. If the county 
superintendent should be unable to give the information, or 
to answer the questions submitted to him, it is his right and 
duty to apply to the state superintendent for the necessary 
advice or instructions, which the latter is bound to furnish — 
promptly and fully. But the county superintendent was in- 
tended to be, and is, the proper advisory and consulting offi- 
cer on all common school matters in his county, and as such 
he should be first applied to. In the great majority of cases 
he can furnish the desired information or counsel, and thus 
save much time and delay to the parties concerned. 

Should matters of a controversial nature be submitted to the 
state superintendent, he will deem it his duty to decline to 
consider or pass upon them until they shall have been referred 
to the county superintendent, as required by law. All such 
matters will receive prompt attention when they are received 
through the regular and prescribed channel, namely, through 
the county superintendent, and not otherwise. This is not to 
cause the parties needless trouble, nor to save the state super- 
intendent from labor, but to subserve the ends of truth and 
equity, and to comply with the law. The one great end sought 
by the prior reference to the county superintendent, is to fur- 
nish the state superintendent the means of rendering a just 
and impartial decision, should the case come before him by 
appeal. 

2. Wisdojn of the Law. The wisdom of referring school con- 
troversies to superior school officers has been highly commend- 
ed. "We are satisfied that this supervision of the state super- 
intendent over the affairs of schools and school districts, com- 
monly very fruitful sources of litigation, has been most wisely 
conferred upon him for the public interest, as well as for the 
peace and prosperity of the schools and districts themselves." 
[State V. Whitford, 54 Wis., 150.] "If every dispute or con- 
tention among those intrusted with the administration of the 
system, or between the functionaries and the patrons or pu- 



40 SCHOOL LAWS AND DECISIONS. 

pils of the schools, offered an occasion for a resort to the 
courts for settlement, the working of the system would not only 
be greatly embarrassed and obstructed, but such contentions 
before the courts would necessarily be attended with great 
costs and delay, and likely generate such intestine heats and 
divisions as would in a great degree counteract the benevolent 
purposes of the law." [Wiley v. School Commissioners. 51 Md., 
401. J "A quarrel or a lawsuit in a school district is generally 
not long confined to the original parties. It spreads among all 
the families, it goes into the selection of teachers, and injures 
the discipline of the schools ; and if the diiSculty once takes 
the shape of a lawsuit, and the parties have expended money 
as well as temper upon it, it is still more difficult to settle. 
Hence the provision for a cheap and speedy decision avoiding 
the delay and expense of a law suit." [Appeal of Cottrell, 10 
R. I., 615.] 

3. Hearings — How conducted. The hearings of these con- 
troversies and appeals are not to be conducted as suits are in 
a court of law. The school officer hearing the case has full 
discretion in all matters relating thereto since the statute pre- 
scribes no forms or rules to be observed. But it is, of course, 
as essential that parties before a superintendent have a fair 
hearing as that cases be fairly tried in court, both that justice 
may be done, and that the decisions may be approved by the 
community. 

(e) 1. Examination of Treasurer's Books, etc. Inasmuch as 
the law has required the county superintendent to examine treas- 
urer's books and papers since 1879, it is assumed that this 
duty has been performed annually, and that the aggregate of 
the township fund and of other funds shown at the date of 
the last examination can be taken as a starting point for the 
next. The examination will naturally begin with the township 
fund and should be directed to ascertaining whether the fund 
still remains as it was, or what additions it has received, or 
what losses, if any, it has suffered. Then the loans should be 
looked into, to ascertain whether the papers are in due form 
and whether the law has been complied with in making the 
loans. He is also to see that the security for each loan is 
sufficient. Taking up next the fund held for distribution, he 
should note whether the treasurer has charged himself with the 
proper amounts received as income of the township fund, and 



SCHOOL LAWS AND DECISIONS. 

from himself, the county superintendent, on apportionment. 
He should see that the account is balanced by the expendi- 
tures, as shown by vouchers, distribution by the trustees and 
cash on hand. In the account of each district he must note 
whether the amount distributed to it by the trustees has been 
passed to its credit, and whether the amount from taxes agrees 
with that shown in the office of the county treasurer. Eeceipts 
from bonds and other sources should be traced so far as prac- 
ticable. For all expenditures in behalf of districts, the orders 
paid should be called for. In all the accounts the cash which 
should be on hand must be verified by the county superintend- 
ent. In a word, the county superintendent, in making this 
examination, is to make it thoroughly, taking nothing for 
granted; the sole object being to ascertain whether the funds 
are each of them intact, whether the law has been complied 
with in handling them, and whether the accounts are accurately 
and intelligently kept. That the work is one of great impor- 
tance need not be said. 

2. Superintendent may not he a Teacher or City Superintend- 
ent. The multiplicity and the character of the duties imposed 
upon the county superintendent of schools by this section are 
such that he cannot discharge them, and, at the same time, 
act as a teacher or as superintendent of a city schools ; and it 
is held that an attempt to do this is a violation of law. 

3. May not he a Township Treasurer. The offices of county 
superintendent of schools and township school treasurer are 
plainly incompatible, and the same person may not lawfully 
hold both at the same time. 

21. To get report from negligent trustees. § 21. In 
all cases where the township board of trustees of any township 
shall fail to prepare and forward, or cause to be prepared and 
forwarded, to the county superintendent, the information and 
statistics required of them in this act, it shall be the duty of 
said county superintendent to employ a competent person to 
take the enumeration and furnish said statistical statement, as 
far as practicable, to the superintendent ; and said person so 
employed shall have free access to the books and papers of 
said township to enable him to make such statement; and the 
township treasurer or other officer or person in whose custody 
such books and papers may be, shall permit said person to 
examine such books and papers, at such times and places as 
such person may desire, for the purposes aforesaid ; and the 
said county superintendent shall allow, and pay to the person 
—3 



42 SCHOOL LAWS AND DECISIONS- 

SO employed by him, for the services, such amount as he may 
judge reasonable, out of any money which is or may come 
into said superintendent's hands, apportioned as the share of, 
or belonging to such township ; and the said county superin- 
tendent shall proceed to recover and collect the amount so 
allowed or paid for such services, in a civil action before any 
justice of the peace in the county, or before any court having 
jurisdiction, in the name of the People of the State of Illinois, 
of and against the trustees of schools of said township, in their 
individual capacity; and in said suit or suits the said county 
superintendent and township treasurer shall be competent wit- 
nesses ; and the money so recovered, when collected, shall be 
paid over to the county superintendent for the benefit of said 
township, to replace the money taken as aforesaid, (a) 

(a) Reports not returned hy Trustees. County superintendents 
must see that township reports are returned to them at the 
time and in the manner required by law, and in default should 
at once proceed as required by section twenty-one. If imper- 
fect or erroneous reports are made, they should be returned 
for correction, if the time will permit. If there is not time 
for the return of the reports for correction, or if the reports 
are sent back by the treasurer, still imperfect or erroneous, 
the superintendent should send an agent into the delinquent 
township, the same as if no reports had been returned. 

22. Sale of land taken for debt. § 22. When any 
real estate shall have been taken for debts due to any school 
fund, the title to which real estate has become vested in any 
county superintendent for the use of the inhabitants of one or 
more townships, or of the county, the county superintendent 
may lease or sell such real estate for the benefit of said town- 
ship or townships, or of the county, under the provisions of 
section No. forty-one (41) of this act regulating the leasing 
and sales of land by school trustees : Provided, that in case 
the real estate be held for the benefit of any township or town- 
ships, it shall not be sold except upon the written request of 
school trustees of said township or townships; and the said 
superintendent is hereby authorized to execute conveyances to 
purchasers. [June 3— July 1, 1879.J 

TOWNSHIPS — TRUSTEES OF SCHOOLS. 

23 . School townships — Fractional — Trustees— Cor- 
porate name and powers— Term of ofB.ce. § 23. Each 
congressional township is hereby established a township for 
school purposes, but when any fractional township contains 
less than forty persons under twenty-one years of age, the 
trustees thereof, upon petition of a majority of the inhabitants of 
such fractional township, may, by written agreement entered into 



SCHOOL LAWS AND DECISIONS. 43 

with the board of trustees of any adjacent township, consoli- 
date the territory, school funds and other property of such 
fractional township with such adjacent township, and thereafter 
shall cease to exercise the functions of school trustees for such 
fractional township ; and such territory, school funds and other 
property, aforesaid, shall thereafter be managed by the board 
of trustees of the adjacent and consolidated township, in accord- 
ance with the terms of agreement aforesaid, in the same man- 
ner as is or may be provided by law for the management of 
the territory, funds and other property of school townships. 
The business of the township shall be done by three trustees, 
to be elected by the legal voters of the township, who, upon 
their election, as hereinafter provided, shall be a body politic 
and corporate, by the name and style of "trustees of schools 
of township ...., range ....," according to the number. The 
said corporation shall have perpetual existence; shall have 
power to sue and be sued, to plead and be impleaded in all 
courts and places where judicial proceedings are had. Said 
trustees shall continue in office three years, and until others 
are elected and enter upon the duties of their office. At the 
first regular election of trustees, after the passage of this act, 
a successor to the trustee whose, term of office then expires 
shall be elected, and thereafter one trustee shall be elected 
annually, (a) 

(a) Board of Trustees a Corporation — Its Pu7'poses — Relations 
to the State. The board of trustees of schools created by this 
section is a quasi corporation, established for school purposes 
and no other, and deriving its powers solely from the statute. 
[People V. Trustees, 78 111., 136.] The relation of the state to 
the trustees is thus defined by the supreme Court : No act of 
the general assembly has ever granted the title to the school 
property and fund irrevocably to any body of persons. They 
have created corporate bodies to handle and control the fund 
for the use of the people; but that body has not parted with 
the power to control the fund in any mode they may choose 
for the use of schools. They could, if disposed, deprive those 
to whom its management is intrusted of the fund, and intrust 
it to others. Whilst the increase of the fund should be ex- 
pended in the support of schools, the manner or the agency 
employed may be at all times controlled or changed by the 
state at pleasure. The state is virtually a trustee of the fund 
for the use of the people, and the municipalities and officers 
are but the agencies employed by the state in executing its 
trust. [City of Chicago v. People, 80 111., 384.] 



44 SCHOOL LAWS AND DECISIONS. 

2. No Connection toith Civil Toivns. Except as provided in 
this section and in Sec. 84, alterations of school townships 
may not be made by the boards of trustees or by the voters 
resident in the territory concerned. The civil towns as estab- 
lished in ^'counties under township organization" have nothing 
to do with school townships, [Greenleaf\. Trustees, 22 111., 236.] 

3. Division of a Township by Legislature. If a part of a 
township is set off by the legislature to another township, and 
no provision is made in the act for a division of the township 
fund, no division can be made. [People v. Trustees, 86 111., 613,] 

24. Who eligible. § 24. No person shall be eligible to 
the office of trustee of schools, unless twenty-one years of age, 
and a resident of the township. And where there are three or 
more school districts in any township, no two trustees shall 
reside, whea elected, in the same school district, (a) [May 23- 
July 1, 1877.] 

(a) 1. Eligibility The last part of section 42 declares that 
one person may not hold, at the same time, the office of school 
trustee and that of school director. Section 32 provides that 
the school treasurer may not be either a trustee or a director. 
But these clauses of the law must not be held to render a man 
holding one of these offices ineligible to either of the others. 
They do, however, make the offices incompatible in law as well 
as in fact ; and, hence, if a man who is a director is elected a 
trustee and accepts the office, he thereby vacates the office of 
director. When a part of a township has been made a special 
district, and so excluded from the jurisdiction of the trustees 
of schools, it has been held by a circuit court that the voters 
of that district could not vote for school trustees of the town- 
ship. But, even in such a case, a resident of the special dis- 
trict is eligible to the office of trustee, for he is a resident of 
the township ; the treasurer, also, may be a resident of the 
special district. 

That a man may vote at a township school election, one 
requisite is that he must have been a resident of the state one 
year next prior to the election. He must have the same quali- 
fication to be elected trustee ; and, in addition, he must be, 
bona fide, a resident of the township at the time of the election. 
But residence in the township for thirty days prior thereto, 
and for ninety days in the county, are not conditions of eligi- 
bility to the office, as they are of voting. 



SCHOOL LAWS AND DECISIONS. 45 

2, Ojjice not vacated. A trustee does not vacate his office by 
moving, after his election, into a district in which another 
trustee resides. 

cl. May he a Teacher. The school trustee may be a teacher 
in his township ; the two positions are not incompatible. 

4. A Borroiver of Township Funds is Eligible. A borrower 
of the township school fund is eligible to the office of trustee; 
but see Sec. 42, note (e). 

5. Ability to read and ivrite. The law does not make ability 
to read and write a test of eligibility to school offices. The good 
sense of the people must be relied upon to prevent the election 
of such men to such positions. The best and most intelligent 
men should be chosen for all educational offices. 

25. Elections, first and subsequent— Notices — Post- 
ponement—Vacancy — County superintendent may or- 
der election. § 25. The election of trustees of schools shall 
be on the second Saturday in April, annually ; but in town- 
ships where such election has not been heretofore had, or 
where there are no trustees of schools, the election of trustees 
of schools may be holden on any Saturday, notice being 
given as hereinafter in this section required. The first elec- 
tion shall be ordered, if in townships already incorporated, by 
the trustees of schools of the township, the township treasurer 
giving notice of the time and place by posting notices of the 
same at least ten days previous to the day of election, in not 
less than five of the most public places in the township, {a) 
If there are no trustees of schools in a township, the county 
clerk shall cause the notice to be given as aforesaid, and in 
such case the trustees elected, at their first meeting, shall 
draw lots for their respective terms of office for one, two and 
three years, and thereafter one trustee shall be elected, annu- 
ally, to fill the vacancy occurring. For all subsequent elections 
the like notices * shall be given by the trustees of schools, 
through the township treasurer : Provided, that if upon any 
day appointed as aforesaid, for election aforesaid, the saidjtrust- 
ees of schools, or judges, shall be of opinion that, on account 
of the small attendance of voters, the public good requires it, 
or if the voters present, or a majority of them, shall desire it, 
they shall postpone said election until the next Saturday, and 
at the same place and hour ; at which meeting the voters shall 
proceed as if it were not a postponed or adjourned meeting: (6) 
And, provided, also, that if notice shall not have been given 
as above required, then, and in that case, said election may 
be ordered as aforesaid, and holden on the first Saturday in 
May, or any other Saturday, notice thereof being given as 
aforesaid : And, provided, also, that if the township treasurer 

Form No. 6. 



46 SCHOOL LAWS AND DECISIONS. 

shall fail or refuse to give notice of the regular election of 
trustees, as aforesaid, and if, in case of a vacancy, the remain- 
ing trustee or trustees shall fail or refuse to order an election 
to fill such vacancy, as required in section twenty-nine of this 
act, then, and in each case, it shall be the duty of the county 
superintendent to order an election of trustees to fill such 
vacancies, as aforesaid ; and all elections so ordered and held 
shall be valid to all intents and purposes whatever, (c) 

(a) Time and Place of Election — Notice. The time and the 
place of an election are essential matters, and inasmuch as 
the law, while naming the day for the election, does not fix 
the time during the day definitely, and in no way determines 
the place, a notice which shall name with exactness both the 
time and the place is a condition precedent of a valid election 
of a school trustee. The day of posting the notices, but not 
the day of the election, may be counted to make the ten days, 
during which the notices must be up, prior to the election. 

The notice must state what is to be done at the election. 

(h) Postponement. In order that the postponement of an 
election for a school trustee may be legally effected, either an 
adjournment must be made, on their own motion for cause, 
by the trustees acting, ex officio, as judges of the election, or 
by the judges chosen in their place by the voters, [Sec. 26] ; 
or it must be made by the judges at the request of a ma- 
jority of the voters present. That is, there must be a formal 
organization to conduct the election, and a subsequent formal 
adjournment. Informal action by voters present, without or- 
ganization, will not preclude the voters who may go to the 
place of election, from organizing later in the day and holding 
a legal election ; nor will it suffice to carry over the election 
to the next Saturday, so that a legal election may be held 
then. In case of an adjournment, the judges should post a no- 
tice of it at the place of meeting. [People v. Brewer, 20 111., 474.] 

(c) 1. Vacancies to he filled. Section 23 provides that school 
trustees shall continue in office until others are elected and 
enter upon the duties of their office ; but the last part of this 
section shows clearly that it is not the intention of the law 
that they should "hold over." It is the purpose of the law 
that all vacancies in the board shall be promptly filled. 

2. Election ordered by County Superintendent in Township 
in two Counties. In townships divided by county lines, the elec- 
tion may, if practicable, be ordered by the two superintendents 



SCHOOL LAWS AND DECISIONS. 47 

jointly. If this can not be done, the election may be ordered 
by the superintendent of the county in which the sixteenth 
section of such township is situated. The election can not be 
allowed to go by default through supposed lack of jurisdiction 
on the part of the respective superintendents. The foregoing 
rule, in such emergencies, is sustained by the principle recog- 
nized in the last clause of the thirty-seventh section of the act, 
and is the only perceivable mode of procedure in such cases. 
3. Province of County Superintendent in calling Elections. 
When by failure of the proper officer to call an election it be- 
comes the duty of the county superintendent to call it, all that 
is required of him is to post the notices of the election in the 
manner prescribed in the law. The election will then be held 
and conducted in the usual way. 

26. Judges of election — Clerk. § 26. The trustees of 
schools of incorporated townships, present, shall act as judges, 
and choose a person to act as clerk of said election. If said 
trustees (or any of them) shall fail to attend, or refuse to act 
when present, the electors present shall choose from their own 
number such additional judges as may be necessary; and in 
townships unincorporated, the qualified voters present shall 
choose from amongst themselves the number of judges required 
to open and conduct said election. 

27. General election laws to govern. § 27. The time 
and manner of opening, conducting and closing said election, 
and the several liabilities appertaining to the judges and clerks, 
and to the voters separately and collectively, and the manner 
of contesting said election, shall be the same as prescribed by 
the general election laws of this state defining the manner of 
electing magistrates and constables, so far as applicable, sub- 
ject to the provisions of this act : (a) Provided, that said elec- 
tion may commence, if so specified in the notice, at any hour 
between the hours of eight (8) A. M. and one (I) P. M., and 
the judges may close such election at four P. M. : 

Polling places. And provided, further, that in townships 
where, for general elections, there is more than one (1) polling 
place, the trustees shall give notice that at each of said poll- 
ing places a poll will be opened for such election, in which 
case at least one (1) of said trustees shall attend at each of 
said places, and additional judges shall be chosen as provided 
in section twenty-six (26) of the act to which this is an amend- 
ment; should the polling places be in excess of the number of 
trustees, then the voters at such polling places so in excess- 
shall select from their number the requisite number of voters, 
who shall act as judges of said election, in the manner pro- 
vided by said section twenty-six (26). (&) 



48 SCHOOL LiWS AND DECISIONS. 

Election at town meeting. And in counties adopting 
township organization, in each and every township whose 
boundaries coincide and are identical with those of the town, 
as estabhshed under the township organization laws, the trust- 
ee or trustees shall be elected at the same time and in the 
same manner as the town officers ; and ail elections heretofore 
held at such time and in such manner in such townships are 
hereby legalized. And in all such townships, if no trustees are 
elected at the stated town meeting, and when vacancies occur 
in the board, an election of trustee or trustees shall be ordered 
by the trustees of schools, through the township treasurer, as 
provided in the twenty-fifth (25th) section of this act. (c) 
[May 31— July 1, 1881.] 

1. Judges and Clerk to he sivorn — Not Paid. That the elec- 
tion may be conducted in a lawful manner, the judges and 
clerk should be sworn. The oath may be administered by any 
justice or judge if present ; if none is present the judges and 
clerk may administer the oath to each other. Neither the 
trustees acting as judges nor voters chosen to act as judges 
receive any pay therefor. 

2. Voting hy Ballot— Ballots must he Specific. The voting 
must be by ballot. If there are two trustees to be elected, 
one for a full term and one to fill a vacancy, the ballots should 
show plainly which of the persons named thereon is to hold 
the full and which the short term. For example : 

"For fuh term, 

John Smith." 

"For short term, 

Henry Wihiams." 
Failing to make the ballots specific leads to confusion ; for 
if there are two names on a ballot and neither is named for a 
particular term, the will of the voter can not be ascertained 
from the ballot. If the respective terms of office are not so 
designated on any of the ballots, then the judges may deter- 
mine by lot, on the day of the election, which of the two men 
receiving the highest number of ballots shall take the long and 
which the short term. But if any of the ballots cast are 
specific, they alone must be counted, to the exclusion of the 
others which are not specific ; and the election must be given 
to the men receiving the highest number of votes on ballots 
specifying the term on their face. 

3. Toiunship a Voting Precinct. For the purposes of this 
election, the township constitutes a voting precinct, and the 



SCHOOL LAWS AND DECISIONS. 49 

general law in regard to residence as a qualification of a voter 
applies — the year next prior to the election in the state, ninety 
days in the county and thirty days in the precinct. But when 
a township is divided by a county line, the state superintendent 
rules, with the approval of the attorney general, that a man 
does not lose his right to vote by moving across the county 
line, but not out of the township, within ninety days prior to 
the election. The same rule is applicable to elections in school 
•districts lying in two counties. 

4. Residence of Voter. A permanent abode is necessary to 
constitute residence within the meaning of our election laws. 
But a residence is not lost until a new one is acquired, and a 
removal for several months, when no new residence is acquired, 
is held not to forfeit residence for the purpose of voting. [Rev. 
Statutes, 111., § 66, chap. 46; Wilkins v. Marshall, 80 111., 74; 
City of Beardstown v. City of Virginia, 81 111., 541.] 

5. Challenges — Rejection oj Votes. But the judges or voters 
may challenge the right to vote of persons not known to be 
voters, and the person challenged must swear in his vote. The 
penalties for swearing in a vote illegally, or for voting illegally 
at a general election, apply also to the same offenses at a 
school election. 

Any judge or clerk of a school election who shall knowingly 
admit any person to vote who is not qualified by law, is liable 
io punishment by fine, etc. But when a vote is tendered, and 
the voter, being challenged, complies with the requirements of 
the law in such cases made and provided, the judges have no 
•discretion, but must receive the vote, unless it is proved, to 
the satisfaction of a majority of the judges, that the voter has 
sworn falsely. [Spragins v. Houghton, 2 Scam., 408.] 

6. Making up the Return. The clerk of the election must 
keep a poll-book, and, when the judges and the clerk count the 
vote, they should make up a tally sheet and should set down 
in the poll- book the names of the candidates with the offices 
for which they received votes, recording the number of votes, 
and should certify to the same over their signatures. They 
should also publicly announce the result of the election. 

7. Plurality — Tie. A plurality of votes elects ; a tie vote 
must be settled by the judges on the day of the election, as 
provided in the next section. 



O ' SCHOOL LAWS AND DECISIONS. 

8. Highest Candidate Ineligible. If it should prove that the 
candidate who received the highest vote was ineligible, there 
must be a new election ; the next highest candidate cannot take 
the office. 

9. Ballots more than Names— Reverse. If the number of bal- 
lots is greater than the number of names on the poll book, the 
excess of ballots must be destroyed, as directed in the general 
election law. [§ 57, Chap. 46, Rev. Stat. III.] The reverse 
sometimes happens. Where the names of the voters recorded by 
the clerk exceed the number of ballots found in the box, the 
judges in that case should be governed by the ballots, and cer- 
tify to the election of the man who received the highest vote. 

10. When the Judges have adjourned. When the board of 
judges has discharged its functions and dissolved, it has ceased 
to exist, and the members can not come together and constitute 
the board again for the performance of omitted duties. If the 
board has adjourned leaving the election a tie, there must be 
a new election. 

11. Informalities in Elections. If an election is actually held 
on some other day than that fixed by law, or with some infor- 
mality in the election, having been ordered and acquiesced in by 
the former officers, the acts of officers so elected, holding their offi- 
ces under color of right, are valid so far as third parties and the 
public are concerned, until the election is legally contested and 
set aside. A mere irregularity in conducting an election, which 
deprives no legal voter of his vote, and does not change the 
result, does not invalidate an election. The legality of an elec- 
tion does not depend upon the declaration of the board of elec- 
tion ; if such declaration is withheld, or not made through 
illegal causes, the office will vest nevertheless, for the authority, 
rights and powers of officers are derived from the election, and 
not from the returns. In contested elections, the intention of 
the voters in casting their ballots should control; and effect 
must be given to that intention. To defeat an election on the 
ground that the polls were not duly opened and closed, it must 
be shown that the irregularity affects enough votes to change 
the result of the election. [People v. Kildvff, 15 Ih., 492 ; Peo- 
ple V. Matteson, 17 111., 167; Piatt v. People, 29 111., 54.] 

12. Contest. A contest must be brought before the county 
judge, as provided in § 98, Chap. 46, Rev. Stat. III., Elections.. 
[Simons V. People, 18 111. App. (18 Brad.), 588.] 



SCHOOL LAWS AND DECISIONS. 51 

(b) 1. Counting the Vote when there is more than one Polling 
Place. When this clause was added to the law, provision 
should have been made for aggregating the votes cast at the 
several polling places, so as to ascertain and declare the result 
for the whole township. In the absence of any such provision 
in the law, the state superintendent ruled that the judges at 
each polling place should perform their duties under the law 
as if theirs was the only polling place in the township, includ- 
ing the making of the returns to the county superintendent, 
as required by Sec. 30, but that they should return forthwith 
to the township treasurer the original poll-book, tally-sheet and 
ballots, and that the trustees aggregate the votes as shown by 
the certificates on the poll books, and declare the result and 
file a copy of their declaration with the county superintendent. 

2. Polling Places in Certain Cases. When the civil town 
and school township do not coincide in territory, it will often 
happen that an election district will lie partly in one school 
township and partly in another, and then one part will not 
have within it any place where the polls are opened at the 
general election ; and the law does not say what provision the 
trustees shall make so that voters in such fractional district 
may vote at the township school election. In Simons v. Dun- 
ning, 119 111., 617, it appears that in the case of two fractional 
election districts lying together, each having within its limits 
a polling place for the general election, the trustees ignored 
these places and gave notice of one polling place for the two 
fractions, and so held the election. The court upheld the 
action of the trustees. 

It would seem, therefore, that the trustees may be held to 
have discretion with regard to such fractions of voting districts, 
and that they may in the notices of the election direct voters 
thereof to vote at an adjacent polling place. But no one may 
be prevented from voting for want of enough voting places or 
on account of the place at which the votes are to be taken. {Ihid.l 

(c) 1. The election of a township trustee or trustees at the 
town meeting must be pursuant to notice by the town clerk 
and by the same ballots as the other officers. A vacancy ex- 
isting at the time of this election may be filled then. 

2. Election under Law of June 19, 1885. For the manner 
of conducting the election when the township lies in whole or 



52 SCHOOL LAWS AND DECISIONS. 

in part within any city, village or incorporated town, v/hicli has 
adopted the election law of June 19, 1885, see Sec. 126. 

28. Qualifications of voters— Tie. § 28. No person shall 
vote at said election, nor at any other election held in pursu- 
ance of the provisions of this act, unless he possesses the quali- 
fications of a voter at a general election. In case of a tie at 
such election, it shall be determined by lot, on the day of 
election, by the judges thereof, (a) 

(a) Qualifications of Voters, jb'or comments on the qualifi- 
cations of voters, see Sec. 27, note (a), and Sec. 79, note (a), 6. 

29. Election to fill vacancy. § 29. AVhen a vacancy or 
vacancies shall occur in the board of trustees of schools, the 
remaining trustee or trustees shall order an election to fill such 
vacancy, upon any Saturday, notice to be given as required in 
section twenty-five hereof, (a) 

{a) Resignation — Vacancies. Regarding resignations and va- 
cancies, sections 124 and 125, Eev. Stat. 111., have the following: 

"Resignations of elective offices shall be made to the officer, 
court or county board authorized by law to fill a vacancy in 
such office by appointment, or to order an election to fill such 
vacancy. 

Every elective office shall become vacant on the happening 
of either of the following events, before the expiration of the 
term of such ofiice : 

First — The death of the incumbent. 

Second — His resignation. 

TJiird — His becoming insane. 

Fourth — His ceasing to be an inhabitant of the state ; o r, 
the office is local, his ceasing to be an inhabitant of the dis- 
trict, county, town or precinct for which he was elected. 

Fifth — His conviction of an infamous crime, or of any offense 
involving a violation of official oath. 

Sixth — His removal from office. 

_ Seventh — His refusal or neglect to take his oath of office, or to 
give or renew his official bond, or to deposit or file such oath or 
bond within the time prescribed by law. [As to official oath, 
see Sec. 82, note (h), 3.] 

Eighth — The decision of a competent tribunal declaring his 
election void." 

On filling vacancies, see Sec. 25, note {c), and Sec. 27, note (c). 

On resignation, see Sec. 13, note {a), 2. 

30. E,eturn of election — Penalty. § 30. Upon the elec- 
tion of trustees of schools, the judges of the election shall, 
within ten (10) days thereafter, cause a copy of the poll-book 
of said election to be delivered to the county superintendent of 
the county, with a certificate thereon, showing the election of 



SCHOOL LAWS AND DECISIONS. 53 

said trustees and names of the persons elected*; which copy 
of the poll-book with the certificate, shall be filed by said su- 
perintendent and shall be evidence of such election, (a) For 
failure to deliver said copy of the poll-book and certificate 
within the time prescribed, the judges shall be liable to a pen- 
alty of not less than twenty-five dollars ($25) nor more than 
one hundred dollars ($100), to be recovered in the name of 
the People of the State of Illinois, by action of assumpsit, before 
any justice of the peace of the county; which penalty when 
collected shall be added to the township fund of the township. 
When school trustees are elected at town meetings, as provided 
in section twenty-seven of this act, it shall be the duty of the 
county clerk, as soon as the list of the names of officers elected 
at the town meetings is filed with them, to give the county su- 
perintendent a list of the names of all school trustees elected 
at the town meetings in the county. [June 3 — July 1, 1879.] 
(a) 1. Failure to make Return. A failure on the part of 
the judges to deliver a copy of the poll-book to the county su- 
perintendent, as required, makes the judges liable to the pen- 
alty prescribed for such failure ; but it does not invalidate the 
election. The title to the office rests upon the fact of the elec- 
tion, not upon the fact that certain evidence of that election 
has been preserved in a certain way. 

2. Poll Book is Evidence. The copy of the poll book filed 
with county superintendent is evidence of the election. But if 
it should be lost, other evidence may be taken to support the elec- 
tion; and the evidence of the poll book even may be rebutted. 

3. J'he Counti) Superintendent Custodian only of the Return. 
The return of the election is filed with the county superin- 
tendent, whose duty it is simply to receive it and keep it on 
file. He has no power to pass upon the return and reject it, 
or to declare the election void. He may point out any correc- 
tions needed in the return; but when the election has been held 
and some one declared elected, that person may enter upon 
his office, and any questions as to the legality of his election 
must be settled by a contest or by quo ivarranto proceedings, 
unless he consents that they be settled otherwise. 

31. Trustees successors of former ofiScers. §31. The 

said trustees of schools, elected as aforesaid, shall be succes- 
sors to the trustees of school lands appointed by the county 
commissioners' court, and of trustees of schools elected in 
townships, under the provisions of "An act making provisions 
for organizing and maintaining common schools," approved 
February 26, 1841, and "An act to establish and maintain com- 

* Forms Nos. 7, 8 and 9 



54 SCHOOL LAWS AND DECISIONS. 

mon schools," approved March 1, 1847. All rights of property 
and rights and causes of action, existing or vested in the trust- 
ees of school lands or trustees of schools, appointed or elected 
as aforesaid, for the use of the inhabitants of the township or 
any part of them, shall vest in the trustees of schools as suc- 
cessors, in as full and complete a manner as was vested in the 
school commissioner (the trustees of school lands), or the trust- 
ees of schools appointed and elected as aforesaid. 

32 . Meeting's - Organization — President — Treasurer 
to be clerk^Records. § 32. It shall be the duty of the 
board of trustees to liold regular semi-annual meetings on the 
first Monday of April and October, and special meetings may 
be held at such other times as they may think proper.* Spe- 
cial meetings of the board may be called by the president or 
any two members thereof ; and at all meetings, two members 
of the board shall be a quorum for business, (a) Within ten 
days after the annual election of trustees, the board shall or- 
ganize by appointing one of their number president, and some 
person, who shall not be a director or trustee, and who shall 
be a resident of the township, treasurer, if there be a vacancy 
in this office, who shall be ex-officio clerk of the board. The 
president shall hold his office one year, and the treasurer for 
two years, and until their successors are appointed ; but either 
of said officers may be removed by the board for good cause, (b) 
It shall be the duty of the president to preside at the meet- 
ings of the board ; and it shall be the duty of the clerk to be 
present at all meetings of the board, and to record in a book 
to be provided for the purpose, all their official proceedings 
which shall be a public record, open to the inspection of any 
person interested therein ; and all of said proceedings, when 
recorded, shall be signed by the president and clerk, (c) If 
the president or clerk shall be absent or refuse to perform any 
of the duties of his office, at any meeting of tiie board, a presi- 
dent or clerk pro tempore may be appointed. [June 3 — July 
1, 1879.] 

(a) 1. Trustees must act at Meetings. A corporation, such 
as the board of township trustees of schools is, [§ 23] acts 
lawfully only when assembled in its corporate capacity. The 
members of the body, acting independently, cannot bind the 
corporation; nor does the assent of a majority, or even of all 
the members of the board, to any proposition bind the corpor- 
ation, if that assent is given by the members separately, with- 
out the coming together of the board. Eegular meetings may 
be provided for by a rule of the board. Special meetings may 
be called, as provided in the law. Any mere coming together 
of two members of the board, without previous arrangement, 

Porm No. 10. 



SCHOOL LAWS AND DECISIONS. 55 

is not such a special meeting as is meant by the law. It is 
true that two members of the board constitute a quorum for 
the transaction of business, but when two happen to meet, 
business of the district cannot lawfully be transacted. The call 
that is required implies something more. It is not held that 
there need be any great formality about the call of a special 
meeting ; but either the president must call it, or two members 
must agree to call it ; and the members of the board — all of 
them if practicable — must have reasonable notice of the time 
and place. So much at least is essential ; and any attempt on 
the part of two members of a school board to ignore the third 
member in the transaction of business, which goes to the ex- 
tent of not making any effort to give him notice of a special 
meeting, will make such meeting illegal, if held in his absence. 
[Directors v. Jennings, 10 111., App. (10 Brad.), 643; State v. 
Treasurer, 22 Ohio St., IM; Aikman v. School district, 27 Kas., 
129 ; District v Faclden, 89 Pa. St., 395 ; Hazen v. Lerche, 47 
Mich., 626; Townsend v. Trustees, 41 N. J. L., 312; People v. 
Peters, 4 Neb., 254.] 

2. Quorum. At all the meetings of the board two members 
constitute a quorum, and may transact any business which is 
properly before it and within the scope of its official duty. 
Public agents may act by majorities, provided all are present, 
or have proper notice to be present. [Schojield v. Watkins, 22 
111., 66.] It has been claimed that this case last cited war- 
rants the conclusion that business may be done or a contract 
made by two members concurring, without there being a meet- 
ing of the corporate body. But a careful reading of the opinion 
shows that it goes to the extent only, that a meeting of the 
board will be presumed, whenever a majority of the board 
acts, until the contrary appears ; that the act of a majority 
must be attacked in some direct proceeding, if at all, and that 
it cannot be called in question in a collateral proceeding. 
The only safe rule for a board to follow has been stated above. 
But the object of giving a notice to a member is that he may 
attend. If, therefore, it is known that the third member of a 
board is away at such a distance that he cannot be reached 
by a notice in time for the meeting, a failure to notify him 
would not invalidate the meeting. [Ibid.; Porter v. Robinson, 
S. C. Keports, N. Y., Hun. 30, 209.] 



56 SCHOOL LAWS AND DECISIONS. 

1. Organization, (b) The duty of the trustees to meet with- 
m ten days after the election and effect an organization, so 
that the board may be ready for the transaction of any busi- 
ness, is clearly stated in the law; but the trustees do not, by 
neglecting this duty, vacate their offices, so that another elec- 
tion must be called to fill them. The trustees failing to meet 
and organize, as directed by the law, are liable to a fine there- 
for [§ 76] ; but the organization may be made after the ten 
days have elapsed. 

2. Appohitment of Treasurer. By amendment of this section, 
made in 1879, the treasurer's term of office was lengthened 
from one year to two years, and the time for the first appoint- 
ment, under the law as amended, was held to be at the meet- 
ing for organization after the election in April of 1880. It was 
also held that the term was fixed at two years: that the man 
appointed to fill a vacancy occurring any time during the two 
years would hold for the unexpired term, and that the board 
must regularly appoint a treasurer at its meeting for organiza- 
tion after the election in April of each even-numbered year. 
This ruling was made with the approval of the attorney-general. 

Boards of trustees have sometimes made the appointment of 
a treasurer at the regular meeting in April, occurring on the 
first Monday; but this may not be done lawfully except in 
townships in which the trustee has been elected at a town 
meeting held before the first Monday. In such a case the first 
duty at the regular meeting would be to organize the board, 
which would, in even-numbered years, include appointing a 
treasurer. In all other cases, the meeting for organization, 
and, consequently, for appointment of the treasurer, must 
come subsequent to the regular meeting. 

3. Oath of Office not required. The supreme court has held 
that a township treasurer need not take an official oath upon 
assuming his office ; and the rule as laid down by the court 
exempts also school trustees, school directors and members of 
boards of education. [Directors v. People, 79 111., 511.] This 
opinion of the supreme court seems to have been overlooked 
by the Appellate Court of the First District in Simons v. People, 
18 App. 111. (18 Brad.), 588. 

(c) Records. Many matters of importance go into the records 
of trustees. Hence they should be kept accurately and in per- 
manent form. 



SCHOOL LAWS AND DilCISIONS. 57. 

33. Division into districts — Map — Changes. § 33. 

Trustees of schools in newly organized townships shall lay off 
the townships into one or more districts to suit the wishes and 
convenience of a majority of the inhabitants of the township, 
and shall prepare or cause to be prepared a map of the town- 
ship on which map shall be designated the district or districts^ 
to be styled, when there are more than one district : "District 

No. — , in township No. — , range , of the — P. M, 

(according to the proper number), county of , and State 

of Illinois." (a) And when petitioned so to do, as hereinafter 
provided, they may, having discretion in the matter, at the 
regular meeting in April, change such districts as lie wholly 
within their townships so as to divide or consolidate districts, 
to organize a new district out of territory belonging to two or 
more districts, or to detach territory from one district and add 
the same to another district adjacent thereto, and at the same 
meeting, by the concurrent action of the several boards of 
trustees of the townships in which the district or districts 
affected lie, each board being petitioned as hereinafter provided, 
the same changes may be made in the boundaries, both of dis- 
tricts which lie in separate townships but adjacent to each other, 
and of districts formed of parts of two or more townships, (b) 

Petitions. Provided, that none of these changes shall 
be made unless petitioned for (1) by a majority of the legal 
voters of each of the districts affected by the proposed 
change* ; or (2) by two-thirds (f ) of the legal voters living within 
certain territory described in the petition, asking that said ter- 
ritory be detached from one district and added to another!, or 
(3) by two-thirds (f ) of all the legal voters living within certain 
territory containing not less than ten (10) families, asking that 
said territory be made a new district!, (c) 

Bonded debt. But in case any territory be set off from 
any district that has a bonded debt, the change not being peti- 
tioned for by a majority of the legal voters of said district, 
such district shall remain liable for the payment of such bonded 
debt as if not divided. The directors of the original district 
having such bonded debts, and of the district into which the 
territory taken from such original district has been incorporated 
or formed, shall constitute a joint board for the purpose of de- 
termining and certifying, and they shall determine and certify 
to the county clerk the amount of tax required yearly for the 
purpose of paying the interest and principal of such bonded 
debt, which tax shall be extended by the county clerk against 
all the property embraced within such original district as if it 
had not been divided, {d) 

Vote instead of petition. Provided also, that in school 
districts having a population of not less than one thousand 
(1,000) inhabitants, any desired change of boundaries may be 

*Forni No. 11. tForm No. 13. :Form No. 12. 

—4 



58 SCHOOL LAWS AND DECISIONS. 

submitted to the trustees by a vote of the people instead of by 
petition as hereinbefore set forth ; and when petitioned so to 
do by twenty-live legal voters of the district, the school board 
of the district shall submit the question of change desired to 
the voters of said district at a special election called for that 
purpose, and held at least thirty (30) days prior to the regular 
meeting of the trustees at which they consider change of dis- 
trict boundaries. If a majority of the votes cast at any such 
election shall be in favor of the change proposed, then due 
return of the election having been made to the township treas- 
urer, the township trustees shall consider and take action the 
same as if petitioned therefor by a majority of the legal voters 
of such district ; but no question of change of boundaries shall 
be submitted to a vote of the school district more than once 
in any one (1) year, (e) 

Notice to districts interested. Provided, further, that 
no petition shall be acted upon by any board of trustees unless 
it shall have been filed with the clerk of said board of trustees 
twenty days before the regular meeting in April, nor unless a 
copy of said petition together with a notice in writing, which 
notice may be in the following form, to-wit : 

The directors of district No , in tov-nsliip No .range of 

the principal meridian, will take notice that the undersigned have made and 

filed with the clerk of the board of trustees of said township their petition, a copy of 
which is herewith handed to you. 

shall be delivered by the petitioners, or some one of them, 
at least ten (10) days before the date at which the petition is 
to be considered, to the president or clerk of the board of direct- 
ors of each district whose boundaries will be changed if the 
petition is granted.* (/) 

Action on petition— Adjournment to perfect petition. 
When, at the regular meeting of the trustees in April, any such 
petition shall come before the trustees, it shall be the duty of 
the trustees to ascertain, first, whether the foregoing provisions 
have been strictly complied with, and if it shall appear that 
they or either of them have not been complied with, in such 
case the board shall adjourn the hearing for not longer than 
four (4) weeks in order that the foregoing provisions may be 
complied with; but there shall be but one adjournment for 
such purpose. After the trustees shall consider the petition no 
objections can be raised as to its form, and their action shall 
be prima facie evidence that all the foregoing provisions have 
been complied with. If on the day of the regular meeting, or 
at the adjourned meeting it shall appear that such provisions 
have been complied with, then the trustees shall consider the 
petition, and shall also hear any legal voters living in the dis- 
trict or districts that will be affected by the change, if made, 
who may appear before them to oppose the petition ; and they 
shall grant or refuse the prayer of the petitioners without un- 
reasonable delay, (g) 

* Form No. 15. 



SCHOOL LAWS AND DECISIONS. 59 

Appeals — Same -when to"wnship is in t-wo counties. 

But the petitioners or the legal voters who have appeared 
before the trustees at the meeting when the petition was con- 
sidered, and opposed the same, shall have the right of appeal 
to the county superintendent of schools* : Provided, the party 
appealing files with the clerk of the trustees a written notice 
of appeal, within ten (10) days after final action upon the 
petition by the trustees : Provided, further, that in all cases 
where a township is divided by a county line or lines, the 
appeal may be taken to the county supermtendent of sclaools 
of any one of the counties in which the said township is partly 
located, and upon any appeal being taken in any such case, 
the county superintendent of schools to whom such appeal is 
taken shall, forthwith, give notice to the county superintendent 
or superintendents of schools of the other county or counties 
of the pendency of such appeal, and of the time and place, 
when and where it will be heard, and the said county super- 
intendents of schools of the counties in which the said town- 
ship is located, shall meet together, at such time and place, 
and together hear and determine the said appeal, and in case 
the said county superintendents of schools shall be unable to 
arrive at an agreement, then the county judge of the county 
in which such appeal is pending shall be called and shall con- 
stitute one of the board of appeal, and thereupon the appeal 
shall be heard and determined by them, and the county super- 
intendent of schools to whom such appeal is taken shall at 
once notify, in writing, the clerk by whom the papers in the 
case were transmitted to him, of the action taken on such ap- 
peal, as hereinafter provided : (h) 

Elections in district in two counties. And, 2Jro- 
vided, farther, that where a school district is now, or may 
hereafter be, located in two or more counties, the directors of 
such district may fix a place of holding general or special 
elections for school purposes in said district in either of said 
counties in the same manner as is now provided for holding 
school elections. And the legal voters of said school district 
shall be entitled to vote at such election the same as though 
such election was held in the county where he resides, (i) 

Record and map of change filed -with county clerk — 
Organization of new district. Whenever any changes, as 
provided in this section, are made by the trustees of schools, 
if no appeal is taken to the county superintendent the clerk 
of the trustees shall make a complete copy of the record of 
the action of the trustees, which copy shall be certified by the 
president of the trustees and the clerk, who shall file the same, 
together with a map of the township, showing the districts, 
and an accurate list of the taxpayers of the newly arranged 
districts, with the county clerk within twenty (20) days of the 

*Forms Nos. l(i and 17. 



60 SCHOOL LAWS AND DECISIONS. 

action of the trustees. When the trustees of schools shall or- 
ganize a new district under the provisions of this section, it 
shall be the duty of the clerk of the trustees, if no appeal is 
taken to the county superintendent, to order, within fifteen (15) 
days after the action of the trustees, an election to be held at 
some convenient time and place within the boundaries of such 
newly organized district, for the election of three (3) school 
directors, notice being given by the township treasurer, who 
shall post up three (3) notices of such election in three (3) 
prominent places in said district at least ten (10) days prior 
to the time appomted for holding such election, which notices 
shall specify the place where such election is to be held, the 
time for opening and closing the polls, and the object of said 
election. It shall be the duty of the legal voters present, five 
(5) of whom shall constitute a quorum, to appoint three (3) of 
their number, two (2) of whom shall act as judges and one (1) 
as clerk of said election. Within ten (10) days after the elec- 
tion it shall be the duty of the directors elected at said elec- 
tion to meet at some convenient time and place, previously 
agreed upon by said directors, and organize as a district board 
by appointing one (1) of their number president, and also some 
suitable person clerk of the board, who shall, by virtue of his 
ofhce, be clerk of the district. At the first meeting of the 
directors they shall draw lots for their respective terms of office 
one (1), two (2) and three (3) years, each of which shall be 
considered a fractional term, ending at each annual meeting, 
according to the length of term drawn, (j) 

Hearing- of appeal by county superintendents 
When an appeal is taken from the action of the trustees to 
the county superintendent, the clerk of the trustees shall, within 
five (5) days after the written notice of the appeal has been 
filed with him by the appellants, transmit all the papers in 
the case, with a transcript of the records of the trustees, show- 
ing their action thereon, to the county superintendent, and in 
case of an appeal, the township treasurer shall be required to 
take no further action in the matter, except upon the order of 
the county superintendent whose duty it sball be to investigate 
the case upon such appeal, and if, in his opinion, the change 
asked for is for the best interests of the district or districts 
concerned, he shall make such change or changes, but if he 
considers the proposed change unadvisable, he shall refuse to 
make it, and shall, reverse, if need be, the action of the trust- 
ees, and shall give the clerk from whom he received the papers 
immediate notice of such refusal, and his action shall be final 
and binding. If the changes asked for by the petitioners shall 
be made by the county superintendent, he shall notify, in writ- 
ing, the clerk by whom the papers in the case were transmit- 
ted to him, of his action, and the clerk shall thereupon make 
a record of the same, and shall, within ten (10) days thereafter, 
make a copy of the same and the map and list of taxpayers. 



SCHOOL LAWS AND DECISIONS. 61 

and deliver them to the county clerk for filing and record by 
him, the same as if the change had been ordered by the trust- 
ees, and in case a new district is organized by the action of 
the county superintendent, the clerk shall, within five (5) days 
thereafter, order an election of directors in the new district the 
same as if the change had been made by the board of trust- 
ees, (h) 

Division of funds — Adjustment of property and debts 
— Trustees liable — Distribution authorized, if heretofore 
neglected. Whenever a new district has been formed by the 
trustees, or by the county superintendent, from a part of a 
district or from parts of two (2) or more districts, the trustees 
of the township or townships concerned shall proceed, forth- 
with, to make a distribution of any tax funds or other funds 
which are in the hands of the treasurer, or to which the dis- 
trict may, at the time of such division, be entitled, so that 
both the old and new districts shall receive part of such funds 
in proportion to the amount of taxes collected next preceding 
such division, from the taxable property in the territory com- 
posing the several districts. If the new district be composed 
of parts of two (2) or more districts, the trustees shall make 
distribution of said funds between the new district and the old 
districts respectively, so that the new district shall receive a 
distribution of the funds of each of the old districts in the 
proportion which the amount of taxes collected from the prop- 
erty in the territory of the new district bears to the whole 
taxes collected, next before the division, in the old district ; 
and the town treasurer shall, forthwith, place the sum so dis- 
tributed to the credit of the respective districts, and shall, im- 
mediately, place the proportion of the said funds to which said 
new district may be entitled to its credit on his books, and the 
funds on hand shall be subject, at once, to the order of the 
directors of the new district, and those not on hand as soon 
as collected. The trustees of the township or townships con- 
cerned, shall, at the time of the creation of a new district, or 
within the period of thirty (30) days thereafter, proceed to the 
appointment of three appraisers, who shall not be citizens of 
the township or townships interested. It shall be the duty of 
said appraisers, within thirty (30) days after their appointment, 
to appraise the school property, both real and personal, of the 
district or districts interested, at its fair cash value. Within 
thirty (30) days after such appraisement, the trustees of the 
township or townships concerned shall proceed to charge the 
property to the district in which it may be found, and to credit 
the other district interested therein with its proportion of such 
valuation: Provided, that the bojia fide debts, if any, of ihe 
old district, shall first be deducted and the balance charged 
and credited as aforesaid, and of the funds then on hand, or 
subsequently to accrue, belonging to such district to which such 
property is charged, the trustees shall direct the treasurer to 
place to the credit of the district not retaining said property 



62 SCHOOL LAWS AND DECISIONS. 

its proportion of the value of said property. If trustees shall 
fail to observe the provisions of this section in reference to 
distribution of funds and property, they shall be individually 
and jointly liable to the district interested, in an action on the 
case, to the full amount of the damages sustained by the dis- 
trict aggrieved. Where trustees have heretofore failed to make 
distribution of property to districts, as provided in this section, 
any district interested in the making of such distribution may, 
by its directors, request the trustees, in writing, to proceed to 
make such distribution ; and said trustees shall proceed to make 
distribution in the manner herein prescribed, and shall be liable 
in like manner for neglect or failure, (k) 

Clerk liable. The clerk of any board of trustees who shall 
fail, neglect or refuse to perform the duties imposed upon him 
by this section, or any of them, within the time and in the 
manner prescribed, shall for each offense, forfeit not less than 
ten dollars ($10), nor more than twenty-five dollars ($25) of 
his pay as clerk of the board of trustees and township treas- 
urer, which forfeiture shall be enforced by trustees, (l) 

District dissolved upon failure for two years to have 
a school. If any school district shall for two (2) consec- 
utive years, fail to maintain a public school, as required by 
law to do, it shall be the duty of the trustees of schools of the 
township or townships in which such district lies, to attach the 
territory of such district to one (1) or more adjoining school 
districts ; and in case said territory is added to two (2) or more 
districts, to divide the property of said district between the 
districts to which its territory is added in the manner herein 
provided for the division of property in case a new district is 
organized from part of another district, and the action of the 
trustees in such a case shall be final and binding; and the 
clerk of the trustees in such cases shall file a copy of the record 
of the same, together with the map and list of tax-payers, with 
the county clerk, as in other cases of change of district bound- 
aries. (?w) 

Union district dissolved. The majority of the legal voters 
f a district lying in two (2) or more townships, may secure 
t he dissolution of said district by petitioning the several boards 
of trustees of said township, at their regular meeting in April, 
that each will add the territory belonging to said district in 
its township to one (1) or more adjoining districts. Upon re- 
ceipt of such petition, or returns of such election, the several 
boards of trustees shall each make such disposition of the ter- 
ritory of [so much of] said district as lies in its township, and 
shall jointly make such division of the property of said district 
between the districts to which its territory is attached as is 
hereinbefore provided in the case of the organization of a new 
district from a part of another district, and the action of the 
trustees, in accordance with such petition or election, shall be 
final and binding, and the clerks of the several boards of trust- 



SCHOOL LAWS AND DECISIONS. 63 

ees in such case shall file a copy of the record of the same, 
together with the map and list of tax-payers, with the county 
clerk, as in other cases of change of district boundaries. [May 
23— July 1, 1877 ; June 3— July 1, 1879 ; May 31— Julv 1, 1881 ; 
June 4— July 1, 1887.] 

(a) 1. School Districts should include all Territory, All the 
township should be included in the school districts of the 
township as laid off by the trustees, so that every part may 
bear its share of the burden of school taxation, and so that 
every child of school age may be a resident of some district, 
and thus have some school which he has a right to attend. 
If a board of trustees find that any territory within its juris- 
diction is not attached to any district, it should at once add 
such territory to some adjoining district or districts. 

2. Legality of Organization tested. The legality of the or- 
ganization of a district can be questioned in a direct proceed- 
ing only. [People v. Trustees, 111 111., 171.] 

(b) 1. When Changes may he made. Changes in district 
boundaries may be made at the regular meeting in April only ; 
that is, the proposition for a change must be presented on or 
before that date ; but it may be carried over to an adjourned 
meeting. Should, however, the trustees fail to meet at the 
time of their regular meeting, it is held that they must meet 
(that a mandamus would lie to compel them to meet) and con- 
sider any such proposition that had been duly presented. 

2. What Changes may he made. All the possible changes in 
the territory of a school district readily resolve themselves into 
four classes : (1) to divide a district so as to make two or more 
districts of it ; (2) to consolidate two or more districts ; (3) to 
make a district out of territory belonging to two or more dis- 
tricts, and (4) to detach territory from one district and add 
it to another. If any proposed change afl^ects a district or 
districts lying wholly in one township, then the proposition 
must be submitted to, and considered by, the trustees of that 
township ; but if the districts affected do not lie in one township, 
then the proposition must be submitted to, and be acted upon 
by, the board of trustees of each township into which the dis- 
tricts concerned, or any one of them, extends ; and in such 
case the two or more boards of trustees must concur in approv- 
ing the proposed change, in order that it be made by their action. 

3. Concv.rrent Action. Concurrence of action does not imply 
a joint meeting; each board will act at its usual place of meet- 



64 SCHOOL LAWS AND DECISIONS. 

ing in its own township. Should, however, a joint meeting be 
held, there must be a quorum of each board present ; and the 
proposition would not prevail unless it should be approved by 
each board separately. 

4. Districts wider Special Laivs. The pov/er here given to 
change district boundaries does not extend to districts organ 
ized under special acts of the general assembly. Shaefer v. 
People, 20 111. App. (20 Brad.), 605.] 

(c) 1. Purposes served by the Petition. In relation to changes 
of district boundaries, the petition serves two purposes : Jirst, 
it states what change is proposed ; and, second, it is essential 
that there be a petition in legal form and that it be duly filed, 
in order to give the trustees jurisdiction of the proposition. 

2. Petition must not be changed. A clerical error in a peti- 
tion may be corrected, but no modification of the proposed 
change is admissible after the petition has been filed. The 
reason for this rule is obvious. Through the petition the trust- 
ees acquire jurisdiction of the proposition which it presents, 
and no power is given them to change it. When the petition 
is filed it has passed out of the control of the petitioners. If 
they are not satisfied with it, their only remedy is to put in 
another petition in the regular way which does represent their 
wishes, and secure the defeat of the one first filed. Further, it 
would be unfair to the districts interested to change a petition 
of whose pendency they have had notice, for something else of 
which they have not had notice. It is true that an amendment 
of a petition would sometimes make it more acceptable to all 
concerned, as well as clear it of objectionable features ; but 
such amendment cannot lawfully be made. 

3. Forms of Petitions. The law provides for petitions in three 
forms: (1) By a majority of the legal voters of the district or 
districts affected. (2) By two-thirds of the legal voters living 
in certain territory which it is proposed to transfer to another 
district. (3) By two-thirds of the legal voters in certain terri- 
tory, containing not less than ten families, of which it is pro- 
posed to make a new district. It has been held that a peti- 
tion of this third form is not to be granted unless it be true 
that both the proposed new district and the old district, which 
is to be regarded as a new district, have each not less than 
ten families. [Chesshire v. People, 116 111., 493.] Sometimes 
one and sometimes another form of petition .may be used. For 



SCHOOL LAWS AND DECISIONS. 65 

instance, a majority of the legal voters of a district may peti- 
tion to have it divided along a certain line ; or the trustees 
may be asked to do the same thing by a petition signed by 
two-thirds of the legal voters living in one part of the district, 
requesting that that part be made a separate district, if only, 
as stated above, each part has not less than ten families 
living in it. A majority of the legal voters living in each of 
two or more districts, or two-thirds of the legal voters living 
in their whole territory may petition, in one case, for their 
consolidation, and, in the other, that the whole territory be 
made a district. A majority of the legal voters of two dis- 
tricts may petition to have a part of one district set off to 
another; or two-thirds of the legal voters living in the part 
which it is proposed to set off, may ask for the same thing ; 
and it is held that the petition of one voter, if he is the only 
voter living in such part, is sufficient in this case. 

4. Petition must make a Case under the Laio. But which- 
ever form of petition is used, it must make a case under the 
statute, or it will not be the duty of the trustees to assume 
jurisdiction of the matter. \ Potter v. Trustees, 10 111. App. (10 
Brad.), 343.] This decision was made under the statute when 
it did not read as it does now ; so while the rule laid down in 
the opinion must be followed, what a petition should now con- 
tain must be learned from the statute. 

Petitions should begin, "We, the undersigned being a major- 
ity of the legal voters of district ," or, "two-thirds of the 

legal voters in the territory herein described," or "two-thirds 
of the legal voters in the territory herein described, which con- 
tains ten or more families ;" and the prayer of the petition 
must be one which the trustees have power under the law to grant, 
and one which may be made under the form of petition chosen. 
If the proposed change must be submitted to two or more 
boards of trustees, then there must be two or more petitions, 
differing only in being addressed to different boards of trustees, 
and each signer must sign all the petitions. Care in respect 
to the signatures is desirable so as to shut out any question- 
ing of the copies served upon the interested districts. 

5. Status of Petition fixed ivhen filed. The status of the 
petition is fixed when it is filed ; hence, from the number of 
persons who on that day are the legal voters of the territory or 
district petitioning, the petition must have a majority, or two- 



66 SCHOOL LAWS AND DECISIONS. 

thirds, accordiEg to form used, as signers. If a man moves 
out of the district after signing a petition, and before the peti- 
tion has been filed, his name must not be counted to make up 
the legal number of signers ; but if he moves out after the 
petition has been filed, his name must be counted ; for the 
trustees have already acquired the jurisdiction which it was 
one of the functions of the petition to give. And no change 
in the number of voters in the district or territory after the 
petition has been filed will withdraw jurisdiction. 

(d) Bonded Debt. If a change of district boundaries, affect- 
ing a district having a bonded debt, is made by reason of a 
petition of the first form above, presented by a majority of the 
legal voters of such district, then this provision of the law in 
reference to a bonded debt will not apply. [See also note (k) 
heloio,] 

{e) Vote instead of a Petition. This clause of the statute 
provides another way by which a change of district lines may 
be proposed on behalf of a district having not less than one 
thousand inhabitants. But the voters of such a district may 
still propose such a change by a petition, if that way is pre- 
ferred. It has been so held by one of the judges of Cook 
county. 

(/) Petition filed tiventy Days — Ten Days Notice to Districts. 
The law requires that the petition be filed twenty days prior 
to the April meeting of the trustees, and that districts affected 
have ten days notice of the same in order that due publicity 
may be given to the proposition. Compliance with these re- 
quirements may not be disregarded. [State v. Graham, 60 
Wis., 395.] 

It is held that the copy of the petition which is filed with 
the president or clerk of an interested district must include 
the names of the signers, since they are an essential part of 
the petition. So, too, it is obligatory upon the petitioners to 
see that the copy of the petition is actually delivered to one 
of the officers named. The petitioners having delivered a copy 
to the proper person, should make to the township treasurer 
a return* of the delivery with name and date in writing, so 
that there may be evidence of that fact before the trustees 
when they meet ; but if this has not been done evidence of 



Form No. 15. 



SCHOOL LAWS AND DECISIONS. 67 

notice may be obtained by the trustees in -any other satisfac- 
tory way. 

(g) 1, Proceedings by Trustees. The first duty of a board of 
trustees, upon finding, at their meeting in April, that a petition 
has been filed for their consideration, is to ascertain whether 
on its face it makes a case under the law. {See note (c), above.) 
But the trustees may always investigate to ascertain whether 
a petition is what it purports to be ; that is, whether it really 
does ask for what the trustees may grant, and whether it in 
fact has the number of signatures it claims to have. If a 
petition does not upon its face come within the statute, or if 
the trustees find upon examination that it does not, then they 
must dismiss it as insufficient to give them jurisdiction. 

Having found that a petition does come within the statute, 
the trustees must next ascertain whether it has been filed 
twenty days, and whether all districts affected have had due 
notice of its pendency. 

'2. Adjournment. A defect here must be cured by an ad- 
journment. The petitioners have a right to a hearing, and to 
such a hearing as the law prescribes. If the trustees consider 
and act upon a petition before the time has come when they 
may lawfully act upon it, their action would be promptly set 
aside by any court before whom the matter might be brought, 
and the petitioners would thus, by the neglect of the trustees 
to follow the law, be deprived of their right. 

Should trustees neglect this requirement and act upon the 
petition too soon, it is held that they must call a special meet- 
ing, open up the case, and take steps essential to a legal con- 
sideration of the petition. 

If it should be found, after an adjournment, that the peti- 
tioners have still failed to give districts affected legal notice of 
the petition pending, the trustees must refuse it further con- 
sideration for lack of complete jurisdiction. 

3. Mandamus to compel Consideration. A mandamus will lie 
to compel trustees to consider a petition which is properly 
before them. [Badger v. Knapp, 7 111. App. (7 Brad.), 222,] 

4. Discretion of Trustees. A proposition for a change of 
district lines of which a board of trustees has acquired full 
jurisdiction, then comes up to be granted or refused without 
modification ; and the trustees have full discretion, both as to 



68 SCHOOL LAWS AND DECISIONS. 

the mode of consideration and as to their decision, being bound 
only to act in good faith. 

5. Prima Facie Case. In the sentence of the law "After 
the trustees shall consider the petition no objections can be 
raised as to its form, and their action shall be prima facie 
evidence that all the foregoing provisions have been complied 
with," the word "form" is used as distinguished from "sub- 
stance;" and the sentence means that, after consideration by 
the trustees, objections on account of matters not essential to 
the validity of the petition may not be made, and that a pre- 
sumption that the trustees have acquired jurisdiction of the 
subject of the petition has been created, which may be over- 
come by sufficient evidence only. It does not prevent the county 
superintendent from considering all essential matters on ap- 
peal ; and a writ of certiorari will lie to review the proceedings 
in such a matter [Miller v. Trustees, 88 111., 26] ; but it must 
be brought within a reasonable time. [Trustees v. Directors, 
88 111,, 100.] Acts clearly within the discretion of the trustees 
will not be disturbed. [Thompson v. Beaver, 63 111., 353; Direct- 
ors V. Trustees, 66 111., 247.] 

6. Action by two or more Boards of Trustees. When any 
proposed change of district boundaries requires action by more 
than one board of trustees, the foregoing steps must be taken 
by each board. 

7. Record. The record made of the action by the trustees 
should show every step taken and should be full and complete, 
so that their proceedings may be readily reviewed if it should 
ever be necessary to do so. 

8. Remonstrance. A remonstrance against granting a peti- 
tion is often made, either orally or in writing, by the voters 
of a district interested. Sometimes the remonstrance is made 
by men who have signed the petition. A remonstrance has no 
legal standing before the trustees. It is simply an expression 
of their opinion upon the question at issue by certain inter- 
ested persons. It may, or may not, show good reasons why 
the petition should not be granted ; but it can, under no cir- 
cumstances, no matter by whom presented or signed, give the 
trustees power to refuse to consider a petition which has come 
before them in the way prescribed in the law. The fact that 
a man signs a remonstrance does not nullify his signature to 
the petition. 



SCHOOL LAWS AND DECISIONS. 69 

A trustee is not disqualified from acting upon a petition by 
being a resident of an interested district, or by having signed 
the petition. 

(h) 1. Who may appeal to County Siiperintendent. (In this 
note (/i), both paragraphs of the section relating to appeal have 
been considered ; one is on page 59, and the other on page 60.) 
Petitioners are entitled to appeal to the county superintendent 
of schools if their petition has been refused by the trustees. 
If it be before two or more boards, an appeal will lie if one 
board refuses. Those opposed to a petition can have the right 
to appeal when it has been granted, if they first oppose it 
before the trustees. If they fail to oppose before the trustees, 
they cannot appeal. Notice of appeal must be filed, in writing, 
with the township treasurer within ten days of action by the 
trustees. If two or more boards of trustees must act upon a 
petition, and all do not act the same day, the ten days will 
count from the date of action by the board acting last. 

2. Appeal to tivo Superintendents. The amendment made at 
the last session of the general assembly to this section of the 
law, providing that an appeal may be heard by two county 
superintendents in certain cases, does not state very plainly 
the cases in which the appeal should be so heard; and the 
state superintendent, by authority given in section 8, makes 
the following rule : Whenever the district or districts affected 
by any proposed change of district boundaries do not lie wholly 
in one county, then the appeal may be taken to the county 
superintendent of any one of the counties in which any part 
of the district or of any one of the districts affected lies, and 
he shall give notice to the other superintendent or superin- 
tendents, and the appeal shall be heard and determined as the 
law directs. This rule carries out fully the spirit of the amend- 
ment made. 

3. Transmittal of Papers. If any township treasurer fail to 
transmit within five days the papers in an appeal case to the 
county superintendent, such failure makes the clerk liable to 
the fine imposed later in the section [note {I)], but does not de- 
feat the appeal. The trustees, or the county superintendent, 
upon learning of such neglect, should order the papers sent 
forward. 

3. Proceedings by Superintendent. The county superintendent, 
in considering the case upon appeal, should first ascertain 



70 SCHOOL LAWS AND DECISIONS. 

whether the appeal has been taken in the way the hiw pro- 
vides and by some person or persons having a right to appeal. 
If he finds that the appeal has not been properly taken, he 
must dismiss the appeal, and notify the township treasurer that 
the case stands as left by the trustees. If the county super- 
intendent finds that he has jurisdiction, he should next review 
the proceedings of the trustees, to ascertain whether they had 
jurisdiction, and whether they proceeded according to law. If 
he finds in the case any error that the trustees have power to 
remove, he can send the case back to the trustees, and direct 
them to hold a special meeting and take such action as may 
be necessary to free the record of the case from error. (Such 
an error would be hearing the case before twenty days after filing 
the petition.) But if he finds incurable errors in the case, he 
must refuse the petition, and so instruct the township treasurer. 
It is essential that the county superintendent take this course, 
in order that the whole transaction, which is statutory, may be 
in compliance with the law, and that the proceedings may be 
free from such errors as would compel setting them aside, if 
brought into court for review by a writ of certiorari, or called 
in question in quo ivarranto proceedings. 

Having found that the case is properly before him and that 
there is no error in the proceedings, he should then consider 
and decide the case upon its merits, having full discretion as 
to the mode of consideration and the decision. He should make 
a record of his proceedings and findings in the case, and send 
a copy of it to the township treasurer at once. 

4. ''Final and Binding''' mean What. The law says that the 
decision of the county superintendent shall be "final and bind- 
ing." But this means only that his decision is final so far as 
the school law provides, and that school officers and all in- 
terested persons are required to obey it. It does not mean 
that the case may not be taken into court after action by the 
county superintendent. [Badger v. Knapp, 7 111. App. (7 Brad.), 
222; State v. Graham, 60 Wis. 395.] 

(i) Voter in Certain Cases. See also the rule laid down in 
section 27, note {a), which would apply in case a voter had 
moved within ninety days prior to the election across a county 
line dividing his district, but not beyond the limits of his dis- 
trict. 



SCHOOL LAWS AND DECISIONS. 71 

(j) 1. Filing Map, etc. The requirements of the law with 
regard to time for filing map and calling an election are di- 
rectory ; and while a mandamus will lie to compel the treasurer 
to act, and his neglect of duty makes him liable to a fine 
[note {I), belotv], such neglect does not defeat the action already 
taken. [Directors v. Directors, 73 111., 249.] Decisions of the 
courts at variance with this were made upon a reading of the 
statute which, in exact words, made the filing of the map, etc., 
ivithin the time named essential to the validity of the action. 
The law does not so read now. [Potter v. Trustees, 10 111., 
App. (10 Brad.), 843.] 

2. Organization of the Board. In stating how the new board 
shall organize, the law says the directors shall appoint "some 
suitable person clerk of the board." This, taken by itself, 
would certainly permit some one not a member of the board 
to be appointed clerk at this first organization of the board; 
but, by section 42, the board would have to make one of its 
members clerk the second year, and it is suggested that a 
member of the board should be appointed at this first meeting. 

3. Election in Old District and Neiv. When two districts 
are formed, by division, out of one, each district, having dif- 
ferent territory and a different voting population from what it 
had before, is to be regarded as a new district, and should, 
therefore, elect a new board of directors, who should draw lots 
for their respective terms of office, as in case of an original 
organization. The same should be done, and for the same 
reasons, when a new district is formed by the consolidation of 
two or more districts. If two districts are consolidated by the 
trustees, and the number and designation of one of the dis- 
tricts is retained as the number and designation of the new 
district, a new board of directors should, nevertheless, be 
elected. The voting population being changed by the consoli- 
dation, the question of who shall be directors of the new dis- 
trict should, of right, be referred back to the people. [Ches- 
shire v. People, 116 111., 493.] 

(k) 1. Division of Funds. No division of funds or property 
is to be made by the trustees unless a new district is formed. 
If a portion of territory is cut off from one district and at- 
tached to another, thereby changing the boundaries, without 
establishing a new district, no division of funds or property is 
required. When a new district is formed, all funds on hand 



72 SCHOOL LAWS AND DECISIONS. 

must be distributed at the time such new district is formed, 
and all funds due, but not yet paid in, must be divided as 
soon as received, except in case of debts, etc., as hereafter 
noted ; and the distribution in both cases must be made in 
proportion to the amount of taxes collected from the property 
remaining in each district. When a new district is formed,, 
the school property, such as houses, sites, etc., must be ap- 
praised, and the value thereof apportioned among the several 
districts in the same proportion as the funds. The law re- 
quires a prompt division of funds and apportionment of the 
value of school property. The appraisal and apportionment of 
the value of school property should be made at the time the 
new district is formed, and it must be made within three 
months. For refusal to make the appraisal and distribution 
required by law, the trustees are liable. When a new district 
is formed by consolidation of two or more districts, the new 
district so formed owns all the corporate funds and property of 
the constitaent districts. Where a school-house belongs to a 
district, but not the site on which it stands, the appraised 
value of said house must be apportioned as above. The fact 
that the district does not own the site, does not release it from 
the obligation to divide the value of the house which it does 
own, and which both districts helped to build. 

2. Pending Contracts must he respected. Trustees may change 
the boundaries of districts at the regular meeting in April, but 
regard should always be had to the rights of parties under 
contracts previously made. In cases v/here schools are in pro- 
gress in districts affected by the action of the trustees, such 
action should, when practicable, be made to take effect after 
the close of such schools. But if a district is actually abol- 
ished, by attaching its territory to another district or districts, 
during a term of school, the directors of the district or districts 
receiving the territory and property of the district so abolished 
or broken up, must be made liable to the teacher for the full 
amount of his wages under his contract with the directors of 
the abolished district, or the board of directors who employed 
him must continue responsible for his wages. The same prin- 
ciple applies where a district is divided and a portion set off 
to another district, one or more of the directors being residents 
of the portion set off. The persons elected to fill the vacancies 
are bound to respect the contract of the teacher, the same as 



SCHOOL LAWS AND DECISIONS. 73 

the original directors. So, also, when a new district is formed 
out of an old one having funds on hand, but specifically set 
apart to the payment of a teacher then engaged in teaching, 
the funds so set apart should not be divided, but applied to 
said specific purpose. The provisions of the law in this re- 
spect should be understood as applying only to funds not 
already specifically appropriated. [Rogers v. People, 68 111., 154.] 

3. Division of Funds illustrated. In the division of funds, 
two classes of cases are involved, and only two : First, when 
two districts are made out of one ; Second, when the territory 
of the new district is taken from that of two or more districts. 
The application of the rule, in each case, is as follows : 

(1.) Suppose district A. is divided into two districts, B. and 
C, and that at the time of the division A. had on hand, or 
due and receivable, $300.00. Suppose, further, that the amount 
of taxes last collected from A. was $700.00, of which the prop- 
erty in B. paid $400.00, and the property in C. $300.00. Under 
the rule of the law, district B. is entitled to four-sevenths of 
the $300.00, or $171.43 ; and district C. is entitled to three- 
sevenths of the said $300.00, or $128.57. 

(2.) Again : Let a new district, D., be formed from parts of 
two old. districts, E. and F. ; and, at the time the new district 
is made, let E. have on hand $400.00, and F. $300.00. Let 
the amount of taxes last collected from E. be $1,500.00, of 
which sum $600.00 came from the property in that part of D. 
that was taken from E. Let the amount of taxes last collected 
from F. be $1,000.00, of which $300.00 came from that part 
of D. that was taken from F. Applying the satne rule of the 
law, D. is entitled to two-fifths of E.'s $400.00, or $160.00, and 
to three-tenths of F.'s $300.00, or $90.00— making $250.00 in 
all. Hence, on final adjustment, each district's share of the 
funds on hand will be D., $250.00, E., $240.00, and F., $210.00. 
These illustrations show the manner of solution of every case 
that can arise. 

4. Division of Other Property — Appraisal. The valuation put 
upon property by the appraisers must be accepted as final; 
but if their action is tainted with fraud, or if too much or too 
little property was included in the valuation, the trustees may 
order a new appraisal. Of this estimated cash value, each dis- 
trict concerned is to have a certain share. The share in the 
property that each district shall have is to be found and de- 

-5 



74 SCHOOL LAWS AND DECISIONS. 

termined by the same rule that applies to the division of fundSy. 
that is, in proportion to the amount of school taxes last col- 
lected from the respective districts. 

To illustrate : District A. is divided, making districts B. and 
C. The house falls in district B. The estimated cash value 
of the house is $1,000. The taxes last collected from the 
property in B. amounted to $2,500.00; those last collected from 
the property in C. amounted to $1,500.00. District B. is there- 
fore entitled -to five-eights of the $1,000.00, or $625.00, and 
district C. to three-eights, or $375.00. 

But how is district C. to get its $375.00? Thus: The trust- 
ees are to order the treasurer to place that amount to the 
credit of district C. out of the funds in his hands belonging to 
district B., if the amount in his hands, as aforesaid, is suffi- 
cient for that purpose. If there are no funds in the treasurer's 
hands belonging to district B., or not enough to pay what is 
due to district C, then the treasurer is to place said amount, 
or the balance thereof, as the case may be, to the credit of C. 
out of the funds "subsequently to accrue" to district B. The 
debt, or the balance thereof, is to be paid from the first funds 
belonging to B, coming into the treasurer's hands, whether 
they be state, county, township or district funds. Knowing its 
liability, and the amount thereof, district B. must provide 
therefor, or for any unpaid portion thereof, by a special dis- 
trict tax, or by including the amount in its annual tax for 
current expenses. It is the intention of the law to complete 
and conclude such transactions as soon as possible. Hence, 
the judgment of the appraisers is final, and the payment of 
the sum due the district not retaining the property, is there- 
after in the hands of the trustees and treasurer exclusively, 
who must cause settlement to be made as aforesaid. For 
failure to divide funds and property as enjoined by this sec- 
tion, trustees are heavily liable, both individually and jointly. 
Districts which have heretofore failed to obtain their just share 
of the value of school property, are also entitled to redress 
under the provisions of this section. 

5. Debts deducted. The bona fide debts of the old districts 
must be deducted, before the funds and property are divided 
between the two districts. If, for instance, a district has on 
hand $100.00, and school property valued at $1,000.00, but is 
indebted to teachers, or otherwise, to the amount of $300.00,, 



SCHOOL LAWS AND DECISIONS. 75 

and under these circumstances a portion of its territory is cut 
off and erected into a new district, the $100.00 on hand, and 
$200.00 of the value of property, must be deducted and set 
apart for the payment of said debt of the old district, incurred 
before the division, and the remainder only of the value of the 
property ($800.00) divided between the two districts, in the 
manner prescribed by law. The equity of this provision is too 
plain for remark. 

6. Liability of one District to Another enforced. The liability 
of one district to another for a failure to pay the amount due 
on a division of property may be enforced by a suit in equity. 
[Directors v. Directors, 73 111., 249 ; Directors v. Directors, 16 
111. App. (16 Brad.), 651.] 

7. Bonded Debt. If, however, in accordance with the third 
paragraph of this section, the territory of the original district 
is to continue liable for the bonded debt, the amount of such 
debt must not be deducted from the valuation of the property; 
for to deduct it would give one part of the district the prop- 
erty for the difference between the valuation and the debt, and 
yet relieve it from a part of the debt ; while the other part 
would be credited with its share of the property less the debt, 
and still be held for a part of the debt. 

8. Districts may not ivaive their Rights. A new district may 
not agree with an old one from which a part or a whole of 
its territory is taken, for a disposition of property different 
from that provided by law. [People v. Hodge, 4 Neb. 265 ; State 
V. Kidd, 63 Wis., 337.] 

9. District dissolved by adding Part to one, and Part to another, 
District. One case the law does not provide for: If a district 
(not a union district, petitioning under the last paragraph of 
the section) is dissolved by adding a part of it to one district 
and the rest to another, the law does not say what the trustees 
shall do with its funds and property, if anything is left after 
paying its debts. The law being silent, ail that can be said 
is that the realty would belong to the district to which it falls 
by the action of the trustees ; and that the trustees could make 
such disposition of the funds between the two districts as they 
deem fair. 

10. All Adjustment of Funds made by Trustees and Treasurer. 
All adjustments of district funds made necessary by this section 
may be made by the treasurer under the direction of the trustees. 



76 SCHOOL LAWS AND DECISIONS. 

11. Neiv District to receive Funds in October. A new district 
will be entitled, the same as an old one, to its share of the 
funds distributed by the trustees in October and April next after 
its organization. 

(l) District ivhich has had no School for two Years. Whenever it 
is brought to the knowledge of the trustees of a school township 
that any school district within their jurisdiction has failed for 
two consecutive school years (for this purpose the year ends 
June 30; See Sec. 34), to maintain a legal school, they should 
at once proceed to attach its territory to one or more adjoin- 
ing districts. In the case of a union district, the fact of de- 
linquency should be established by the concurrent action of the 
two or more boards of trustees ; but each board will by itself 
dispose of the territory in its township, unless it is proposed 
to add it to some district lying in whole or in part in another 
township, in which case concurrent action with the board of 
trustees of such other township is essential. 

Under this provision of the law the trustees take action with- 
out any petition ; and a petition, if presented, has no legal 
standing — it merely expresses the opinion of the petitioners. 

(m) Union District dissolved. Whether the petition required 
loy this paragraph is sufficient or not is a question to be deter- 
mined by the concurrent action of the trustees of the two or 
more townships in which the union district lies. The petition 
must be signed by a majority of the legal voters of the whole 
district; it does not require the signature of a majority of the 
legal voters of each part. The petition being found sufficient, 
the union district is thereby dissolved, and each board of 
trustees proceeds thereupon to make such disposition as it 
deems best of so much of the territory of the dissolved dis- 
trict as lies in its township, not being bound in relation thereto 
by any petition or petitions received asking for a particular 
disposition of the territory or any part thereof. The trustees 
must dispose of the whole territory, and must do this in such 
a way as will in their judgment best suit the wishes and con- 
venience of the majority of the people interested. 

34. Apportionment of funds — Forfeiture by district. 
§ 34. At the regular semi-annual meetings on the first Mon- 
days of April and October, the trustees shall ascertain the 
amount of state, county and township funds on hand and sub- 
ject to distribution, and shall apportion the same as follows : (a) 



SCHOOL LAWS AND DECISIONS. 77 

First. — Whatever may be due for the compensation and the 
books of the treasurer, and such sum as may be deemed 
reasonable for dividing school lands, making plats, etc. (b) 

Second. — The remainder shall be divided among the districts 
or fractions of districts, in which schools have been kept in 
accordance with the provisions of this act, and the instruc- 
tions of the state and county superintendents, during the pre- 
ceding year ending June 30, in proportion to the number of 
children under twenty-one (21) years of age in each : Provided, 
that no district which shall show by schedules filed on or before 
the meeting of the trustees in October, 1881, that it has had 
a legal school for one hundred and ten (110) days during the 
year preceding, shall be deprived of a share of the funds 
distributed at that and the next regular meeting of the trustee's. 
The funds thus apportioned shall be placed on the books of 
the treasurer to the credit of the respective districts, and the 
same shall be paid out by the treasurer on the legal orders of 
the directors of the proper districts, (c) [May 31 — July 1, 1881.J 

(a) 1. Distribution of Funds — Days of. The duty of distribut- 
ing funds, together with that of hearing petitions, makes the 
regular meeting in April one of great importance. It should 
be held without fail upon the day named ; but if trustees fail 
to meet that day, they must not let the distribution of funds 
go over till the October meeting; a special meeting must be 
called at once and the distribution made. 

2. Additions to Township Fund — Distributable Fund not to be 
loaned. As to power to add a part of the distributable funds 
to the township fund, see Sec. 62 ; but no part of the distribu- 
table fund, as such, may be loaned.^ 

(b) . Treasurer's Salary — Expenses. The treasurer's salary 
and all the incidental expenses of the office come oat of the 
distributable fund. The trustees are allowed some compensa- 
tion for dividing school lands, making plats, and for other 
services connected with the sale. But they do not receive any 
compensation for the performance of other duties, unless the, 
exemptions named in Sec. 72 be regarded as a compensation. 

(c) 1. Condition of sharing Funds. The condition of 
sharing in the funds distributed by the trustees in October and 
April is that the district has had, for the year ending June 
30th prior thereto, a legal school. Of this fact the schedules; 
filed are the evidence in part. 

Among the provisions of law in accordance with which 
schools must be kept, in order that they may be legal schools 
within the meaning of the statute, are the following : 



78 SCHOOL LAWS AND DECISIONS. 

(1) The children of the district must be accommodated, to 
a reasonable extent at least, with school privileges. [§ 48.1 

(2) The schools must be in session at least one hundred 
and ten days in each year. [§ 48.] 

(3) The teachers must have legal certificates in force for 
the whole term taught. [§§ 50, 52.] 

(4) The schools must be for the purpose of instruction in 
the branches prescribed and permitted by law, and in no 
others. [§ 50.j 

(5) The schools must not be sectarian in their character. 
C§. 77.] 

2. Forfeiture. If it is within the knowledge of the trustees 
that in any district these provisions of the law have not been 
complied with, then the trustees must exclude such district 
from the distribution, and the whole amount on hand for dis- 
tribution must be given to the other districts. 

But a district just organized must not be excluded. 

3. Basis of Distribution. The basis of distribution is the 
minor population. [See note {a), § 16.] 

4. Funds credited to Districts. As soon as the distribution 
has been made, the treasurer should enter up to their credit 
the amounts apportioned to the several districts, and thereafter 
hold them subject to directors' orders only. 

5. Overpayment of a District. In case a township treasurer 
overpays a district, through inadvertence or otherwise, and the 
fact of such overpayment is apparent from the records, said 
treasurer, or his successor, may retain the amount so overpaid 
from the first funds due, or to become due, said district, and 
apportion the same to the other districts of the township, to 
which it of right belongs, making the proper entry in his books. 

6. Funds of Toumships lying in tivo Counties. When a town- 
ship lies partly in two or more counties, and the treasurer re- 
ceives public money from the superintendent of each county, 
the funds so received should be merged and treated as one com- 
mon fund. It is clear from the thirty-fourth section of this 
act that in the distribution of the state, county and township 
funds, every township is to be taken as a unit, and the distri- 
bution must be made to all the districts which have had schools 
according to law, without regard to county lines. Trustees 
cannot cause the portion of the county fund received from each 
superintendent to be expended exclusively in that part of the 



SCHOOL LAWS AND DECISIONS. 79 

"township which lies in the county of that superintendent, but 
must make one common fund of the amount so received, and 
distribute as aforesaid. The apportionment being made under 
one uniform state law, the accidents of county lines are not 
"to be taken into the account. 

36. Transfer of pupils. § 35. Pupils shall not be trans- 
ferred from one district to another without the written consent 
of a majority of the directors of both districts, which written 
permits* shall be delivered to and filed by the proper township 
treasurer, and shall be evidence of such consent. A separate 
schedule shall be kept for each district, and in each schedule 
shall be certified the proper amount due the teacher from that 
district, computed upon the basis of the total number of days' 
attendance of all the schedules. If the district from which 
"the pupils are transferred is in the same township as the dis- 
trict in which the school is taught, the directors of said district 
shall deliver the separate schedule[s] to their township treas- 
urer, who shall credit the district in which the school was 
taught, and charge the other districts with the respective 
amounts certified in said separate schedules to be due. If pupils 
are transferred from a district of another township, the sched- 
ule for that district shall be delivered to the directors thereof, 
who shall immediately draw an order on their treasurer, in 
favor of the treasurer of the township in which the school was 
taught for the amount certified to be due in said separate 
schedule. When a school is composed in part of pupils trans- 
ferred from other townships, the duty of collecting the amount 
due on account of such pupils shall devolve upon the direct- 
ors, (ft) 

To"wnship high school established, discontinued. 
Upon petition of fifty voters of any school township, filed with 
the township treasurer at least fifteen days preceding a regular 
election of trustees, it shall be the duty of said treasurer to 
notify the voters of the township that an election "For" and 
"Against" a high school will be held at the next ensuing elec- 
tion of trustees, and the ballots to such effect shall be received 
and canvassed at such election ; and if a majority of the votes 
at such election shall be found to be in favor of a high school, 
it shall be the duty of the trustees of the township to establish, 
at some central point most convenient for the majority of the 
pupils of the township, a high school, for the education of the 
more advanced pupils. For the purpose of building a school 
house, supporting the school, and other necessary expenses, 
the township shall be regarded as a school district, and the 
trustees shall have the power, and discharge the duties of direct- 
ors for such district in all respects : Provided, that in like 
manner, the voters and trustees of two or more adjoining 

* Form No. 18. 



80 SCHOOL LAWS AND DECISIONS. 

townships, or parts of townships, may cooperate in the estab- 
lishment and maintenance of a high school, on such terms as 
they may by written agreement, made by the boards of trust- 
ees, enter into. And provided, further, that when any town- 
ship, or parts of townships, shall have organized a high school 
and wish to discontinue the same, upon petition of fifty voters- 
of said township, or parts of townships, filed with the town- 
ship treasurer at least fifteen (15) days preceding a regular 
election of trustees, it shall be the duty of said treasurer to 
notify the voters of the township that an election will be held 
to discontinue the high school at the next ensuing election of 
trustees, and the ballots cast "For" or "Against" the contin- 
uance of the high school shall be received and canvassed at 
such election ; and if a majority of the votes at such election 
shall be found against continuing the high school, it shall be 
the duty of the trustees to discontinue the same, and to turn 
all the assets of the high school over to the school fund of 
said township, to be used as any other township fund for school 
purposes, (h) [March 24— July 1, 1874 ; June 3— July 1, 1879.] 

(a) 1. Transfers — Continuance of. The best course of pro- 
cedure with reference to permits is that the pupil desiring one, 
or his parent or guardian for him, first ask the board of 
directors of the district in which he lives to grant it. This is 
official business and should be considered only at a meeting of 
the board, and a record should be kept of the action of the 
board upon the request. If granted, the time for which the 
permit is given should be stated in it. The rule laid down by 
the supreme court in the decision with regard to the term for 
which directors may employ teachers [Stevenson v. Directors, 
87 111., 255], applies also with equal force to permits. Except 
in cases requiring it, the board of directors should make no 
contracts and grant no permits that will hamper the action of 
their successors in the office. No permits should be granted 
before the April election for a term to begin after the election ; 
but in case they are given for a term beginning before the 
election and continuing after it, they may be drawn to con- 
tinue in force for the whole term. 

The permit should then be presented to the board of directors 
of the district in which the pupil wishes to attend school ; and, 
if approved by them, it may be so endorsed. 

The pupil should then take his permit to the teacher of the 
school, who should enter upon the school register his name, 
the title of the district to which he belongs, the number of 



SCHOOL LAWS AND DECISIONS. 81 

months of school for which the permit holds good, and the date 
of its expiration, and return the permit to his directors. 

2. Separate Schedules. The law requires teachers of schools 
containing transferred pupils to make out separate schedules 
for them. It will be found best to make out these schedules 
at the same time that the regular schedules for the district 
are made out. In fact, a strict construction of section fifty- 
two of the school law would prevent a teacher from claiming 
his pay for any month until such schedules have been made 
out and delivered to the directors of his district. If the pupils 
are transferred from a district in the same township, the 
directors have only to certify the separate schedule and deliver 
it to the township treasurer, whose duty it becomes upon re- 
ceiving the schedule, and not before, to charge to one district, 
and to credit to the other, the amount which the schedule 
shows to be due. But if the pupils come from another town- 
ship, then the directors must take the schedule to the other 
board of directors, who should, upon finding it correct, approve it, 
and then, and not before, draw an order upon their treasurer in 
favor of the treasurer of the other district. It is the duty of 
the directors receiving the order to attend to its collection. 
Should they receive the money thereon personally, they must 
at once pay it over to their treasurer; for he is, by section 
forty of the school law, the only lawful depositary and custo- 
dian of all district school funds. 

3. When Transfers should be made. Such transfers should 
be made whenever the interests of particular pupils can be 
served thereby without serious loss to either district concerned ; 
and when asked for good and sufficient reasons, they should 
not be refused on narrow and illiberal grounds. 

4. Duty of Teacher. The teacher should ascertain the resi- 
dence of pupils and refer to the directors all pupils from out- 
side the district not already admitted by the board, in order 
that the board may settle all questions regarding their .admis- 
sion ; for these must be determined by the board, not by the 
teacher. 

(b) 1. Township High School — Establishment — Maintenance. 
When the people of any township vote to establish a township 
high school, the trustees, without a further vote, must proceed 
to establish and maintain the school, both selecting a site and 
levying a tax for a school house. For this purpose the town- 



82 SCHOOL LAWS AND DECISIONS. 

ship becomes, in effect, a school district, of which the trustees 
are the school board, with all the powers and duties of school 
directors. They may levy taxes [Fisher v. People, 84 111., 491 ; 
Richards v. Raymond, 92 111., 612] ; fix a course of study, de- 
termine the qualifications for admission [Trustees v. People, 
87 111., 303] ; employ teachers, etc. For a further discussion 
of these duties, see comments upon the sections relating to 
school directors. 

2. Supported by Taxation — Schedtdes. The township high 
school is supported by taxation alone ; it does not receive any 
funds from distribution. The teachers should keep registers 
and make out schedules. All payments should be by orders, 
and the accounts of the school should be kept the same as if 
it were in a separate district. In making the report, however, 
only those items relating to it as a school should be reported. 

3. Discontinuance. If a township high school be discontin- 
ued, its funds should be added to the distributable fund and 
apportioned to the several districts. It seems right to make 
this use of them rather than to add them to the principal of 
the township fund, for they have been raised for current school 
expenses. 

36. Statistical report to county superintendent. 
§ 36. The board of trustees of each township in this state shall 
prepare, or cause to be prepared, by the township treasurer, 
the clerk of the board, the directors of the several districts, 
or other person, and forwarded to the county superintendent 
of the county in which the township lies, on or before the fif- 
teenth day of July, preceding each regular session of the gen- 
eral assembly of this state, and at such other times as may 
be required by the county superintendent, or by the state 
superintendent of public instruction, a statement exhibiting the 
condition of schools in their respective townships for the pre- 
ceding biennial period, giving separately each year, commenc- 
ing on the first of July, and ending on the last of June ; which 
statement shall be as follows : 

First. — The whole number of schools which have been taught 
in each year ; what part of said number have been taught by 
males exclusively ; what part have been taught by females ex- 
clusively ; what part of said whole number have been taught 
by males and females at the same time, and what part by 
males and females at different periods. 

Second. — The whole number of scholars in attendance at all 
the schools, giving the number of males and females separately. 

Third. — The number of male and female teachers, giving each 
separately ; the highest, lowest and average monthly compen- 



SCHOOL LAWS AND DECISIONS. 83 

sation paid to the male and female teachers, giving each item 
separately. 

Fourth. — The number of persons under twenty- one years of 
age, making a separate enumeration of those above the age of 
twelve years who are unable to read and write, and the cause 
or causes of the neglect to educate them. 

Fifth. — The amount of the principal of the township fund ; 
the amount of the interest on the township fund paid into the 
township treasury ; the amount raised by ad valorem tax, and 
the amount of such tax received into the township treasury, 
and the amount of all other funds received into the township 
treasury. 

Sixth. — Amount paid for teachers' wages ; the amount paid 
for school house lots ; the amount paid for building, repairing, 
purchasing, renting ar:d furnishing school houses ; the amount 
paid for school apparatus, for books and other incidental ex- 
penses for the use of school libraries ; the amount paid as 
compensation to township officers and others. 

Seventh. — The whole amount of the receipts and expenditures 
for school purposes, together with such other statistics and in- 
formation in regard to schools as the state superintendent or 
county superintendent may require, (a) 

Forfeiture of funds. And any township from which such 
report is not received in the manner and time required by law, 
shall forfeit its portion of the public fund for the next ensu- 
ing year : Provided, that upon the recommendation of the 
county superintendent, or for good and sufficient reasons, the 
state superintendent may remit such forfeiture, (b) [June 3 — 
July 1, 1879.J 

(a) 1. Trustees to make Rejjoi'ts — Fenalties and Liabilities. 
The obligation to make this report annually, on or before July 
fifteenth, is put upon the trustees. They do not discharge their 
duty by directing the treasurer to make it. If the county 
superintendent has to send some one to make the report, the 
trustees are liable for the expense. [§ 21.] They are also 
liable, under section seventy-six, to a fine of twenty-five dol- 
lars.; and if the forfeiture, provided as a penalty below, should 
be enforced, the trustees would be liable for. the loss the town- 
ship would sustain. [§ 77.] Making false returns knowingly 
is punishable by the heavy fine of one hundred dollars, accord- 
ing to the first part of section seventy-six, and it behooves the 
trustees to know that the report sent in in their name is accu- 
rate. 

2. Not excused by Negligence of Directors. Trustees may not 
excuse themselves for not making a report by saying that 
•directors have failed to report to them. The trustees must 



84 SCHOOL LAWS AND DECISIONS. 

themselves get all the information called for, or have their clerk 
get it. 

3, Value of Reports. For the value and necessity of accu- 
rate reports, see section 17, note (a). 

(b). Forfeiture by Township. Blanks needed and full direc- 
tions for making this report are furnished trustees some days 
in advance of the time for making the report, so it would 
seem that there can be no occasion to enforce this penalty, 
except in cases of refusal or willful neglect on the part of the 
trustees. 

A forfeiture was sustained in Pace v. People, 47 111. 321. 

37. Same "when to-wnship lies in two or more coun- 
ties. § 37. In all cases where a township is or shall be 
divided by a county line or lines, the board of trustees of such 
township shall make or cause to be made separate enumera- 
tions of male and female persons of the ages as directed in 
the foregoing section of this act, designating separately the 
number residing in each of the counties in which such town- 
ship may lie, and forward each respective number to the 
proper county superintendent of each of said counties ; and in 
like manner, as far as practicable, all other statistics and in- 
formation enumerated and required to be reported in the afore- 
said section, shall be separately reported to the several county 
superintendents ; and all such parts of said statistical informa- 
tion as are not susceptible of division, and are impracticable 
to be reported separately, shall be reported to the county 
superintendent of the county in which the sixteenth section of 
such township is situated, (a) 

{a) Directions Relating to Reports. The blanks for the annual 
reports, as sent out by the state superintendent, contain such 
full directions concerning reports from union districts and dis- 
tricts and townships divided by county lines, that it is not thought 
necessary to consider here the many questions which come 
up in connection therewith. 

38. Trustees to examine treasurers' accounts. § 38. 
At each semi-annual meeting, and at such other meetings as 
they may think proper, the said township board shall examine 
all books, notes, mortgages, securities, papers, moneys and 
effects of the corporation, and the accounts and vouchers of 
the township treasurer, or other township school officer, and 
shall make such order thereon for their security, preservation, 
collection, correction of errors, if any, and for their proper 
management, as may seem to said board necessary. 

39. Title of school property— Control of school 
premises — School house may be used for meetings — 
Sale of. § 39. The board of trustees in each township in 



SCHOOL LAWS AND DECISIONS. 85 

the state may receive any gift, grant, donation or devise made 
for th» use of any school or schools, or library, or other school 
purposes within their jurisdiction ; and they shall be and are 
hereby invested, in their corporate capacity, with the title, care 
and custody of all school houses and school house sites ; (a) 
but the supervision and control of them is expressly vested in 
the directors of each district in which said property is situated, 
who may grant the temporary use of school houses, when not 
occupied by schools, for religious meetings and Sunday schools, 
for evening schools and for literary societies, and for such other 
meetings as the directors may deem proper; (h) and when, in 
the opmion of the school directors, the school house site or the 
buildings have become unnecessary, or unsuitable, or incon- 
venient for a school, said board of trustees, on petition of a 
majority of the voters of the district, shall sell and convey the 
same in the name of the said board, after giving at least twenty 
days' notice of such sale, by posting up written or printed no- 
tices thereof, particularly describing said property and terms of 
sale ; and such conveyance shall be executed by the president 
and clerk of said board, and the avails shall be paid over to 
the township treasurer for the benefit of said district ; and all 
conveyances of real estate which may be made to said board, 
shall be made to said board in their corporate name, and to 
their successors in office, (c) 

(a) 1. Title to School Property in Trustees. The title of 
school houses and school sites vests in the board of school 
trustees, and is held by them in trust for the particular dis- 
tricts to which they belong. When a board of directors buys 
a school site pursuant to a vote of the district, it must take 
the title in the trustees ; but the trustees have nothing to do 
with the purchase. The board should have the deed recorded, 
and file it with the township treasurer, A suit to compel the 
giving of a deed must be brought by the trustees, or in their 
name. Directors may not bring such a suit in their own name. 
[Wilson V. Directors, 81 111., 180.] 

2. District should own School Site. A school house should 
never be erected upon land not owned by the district, except 
in case of absolute necessity. The law does not forbid the 
building of a school house upon leased ground, or where the 
district does not possess the fee, but it is a bad practice, and 
almost sure to result in trouble and loss to the district, sooner 
or later. No site should be voted for until it is ascertained 
whether a clear warranty deed can be obtained or not. If a 
site is voted for, and it is afterwards found that a clear title 
can not be obtained, it is better to select another site. It is 



86 SCHOOL LAWS AND DECISIONS. 

impolitic to build and expend the money of the district upon 
lots in which the district has only a conditional esbnte, as 
where the lots, by the terms of the deed, revert to the former 
owner when they cease to be used for school purposes, etc. 
Where the ground upon which existing school hoases stand, is- 
in that condition, the directors should secure quit-claims, if 
possible, from the makers of the deeds, so as to pass the titles 
which they might acquire by reversion. The property may 
become very valuable, and the directors may wish to change 
the site of the school house, in which case the land should be 
held by such a tenure that the district could sell and have 
the benefit of the proceeds for the new house and site. To- 
secure a clear title, in fee simple, is always the best policy. 

3. No Highway to School House. A school house is for the 
use of the public, and if there is no public highway to it, the 
school children may go across private property in going to and 
from school. [Wilson v. Garrard, 59 111., 51.] 

4. Dedication of School Site. A dedication of land for 
school purposes may be implied from use for such purposes ; 
and long continued use will give the right to the trustees to 
hold the land as if the dedication had been by deed. [David- 
son V. Reed, 111 111., 167; Wilson v. Directors, 81 111., 180.] 

Dedication of land for a school site is a dedication for a 
charitable purpose ; and if a deed made to confirm such dedi- 
cation is defective, a court of equity will supply all defects of 
conveyance. [Price v. Directors, 58 111., 452.] 

5. Lot does not revert. A lot conveyed for school purposes 
does not revert when no longer used as a school site. It may 
be leased and the proceeds used to support a school main- 
tained upon another site. [Trustees v. Braner, 71 111., 546; 
Crane v. Hyde Park, 135 Mass., 147.] 

6. Oj^al Consent by Oivner — Personal Property. If an owner 
of land in a school district give oral consent to the erection 
of a public school house thereon by the district, it will be 
considered the personal property of the district. [District 
Township of Corwin v. Morehead, 43 la., 466.] 

7. School House exempt from Taxation. The public school 
house is exempt from taxation. [Sec. 2, Chap. 120, Rev. Stat., 
III., Pace V. ComWs, 20 III., 644; Constitution, Art. 9, Sec. 3, 
etc., p. 11.] 



SCHOOL LAWS AND DECISIONS. 87 

8. Exempt from Mechanic's Lien. School property is not 
liable to a mechanic's lien. [Quinn v, Allen, 85 111,, 39,] 

{h) 1. School Directors may sue for Trespass. School directors 
being vested with the control and supervision of the school 
house may, when in actual occupancy of a school house for 
school purposes, maintain an action for trespass against any 
unauthorized person for breaking into and entering the same. 
[Alderman v. Directors, 91 111., 179.] 

2. Burning a School House. "Every person who shall 
willfully and maliciously burn or cause to be burned any 
* * * * * * school house * * * * * * shall be 
deemed guilty of arson, and upon conviction thereof shall be 
punished, etc., and should the life of any person be lost in 
consequence of any such burning, such offender shall be deemed 
guilty of murder, and punished accordingly." [Rev. Stat. III.,. 
Crim. Code, § 18.] 

3. Entering with Evil Intent. "Whoever willfully and 
maliciously and forcibly breaks and enters, or willfully and 
maliciously, without force (the doors or windows being open), 
enters into any ****** school house * * * * 
with intent to commit murder, robbery, etc., shall be deemed 
guilty of burglary, and be imprisoned, etc.," [Rev. Stat. III., 
Crim. Code, § 36.] 

4. Disturbing a School. "Whoever willfully interrupts or 
disturbs any school * * * shall be fined, etc." [Rev. Stat, 
III., Crim. Code, § 60.] 

5. Defacing a School House. "Whoever willfully and ma- 
liciously, or wantonly and without cause, destroys, defaces, 
mars or injures any school house, * * * or any of the 
out-buildings, fences, wells or appurtenances of such school 
house, * * * shall be fined, etc." [Rev. Stat. III., Crim. 
Code, § 196.] 

6. Doors of School House to open outwards. Chapter 111, 
Eev. Stat. 111., provides that all school houses erected since 
July 1, 1874, shall be so constructed that all doors leading 
from the main hall, or from the principal room, shall be so 
swung upon their hinges as to open outwards ; and that all 
means of egress from the building shall be by means of doors 
which shall open outwards. Section 2 further provides that 
any person or persons failing to comply with the above pro- 



88 SCHOOL LAWS AND DECISIONS. 

visions shall be fined in any sum not less than $100 nor more 
than $1,000. 

7. Insurance. School directors should see that their school 
buildings are protected, by adequate policies of insurance, 
against loss or damage by fire, etc., and that the policies are 
regularly and promptly renewed at expiration. Their right 
and duty to do this are unquestionable. It is a precaution 
which should never be omitted. The premium should be con- 
sidered as a necessary incidental expense, and regularly pro- 
vided for as such, under section forty-three. No vote of the 
district is required. The insurance should be written in the 
name of the trustees, since the title is in them. It should not 
be written in a company of which a member of the school 
board is the agent. [Directors v. Parks, 85 111., 338. J 

8. Care and Custody of School House and Grounds by Direct- 
ors, includes What. The guardianship and control of school 
houses, and of the school property of a district, are vested ex- 
clusively in the board of directors, and not in the teacher nor 
the inhabitants of the district; but they are vested in them 
only for the purposes contemplated by law. To this end they 
should cause the house to be painted, and trees, shrubbery 
and flowers to be planted, etc. Not a year should be allowed 
to pass without planting trees, where there are none already. 
Ample shade is necessary for health, comfort and sightliness, 
and can always be had at a trifling cost. The soft maple, 
box-elder, elm, etc., will yield a plentiful shade in three years, 
and no school house lot should ever be longer than that with- 
out the luxury. Among the most repulsive and needless sights 
in the state is that of a school house sweltering in the sun, 
choked with dust, bleak, naked and desolate — without a tree, 
shrub, or flower, or any other object to please the eye and 
relieve the monotonous deformity of the place. There is no 
apology or excuse for this in any case whatever. The planting 
and boxing of trees should always be attended to at the earliest 
possible moment, and nature will do the rest. Fences, gates, 
wells, out-houses, etc., should be kept in good condition, and 
both teachers and pupils held to strict account in respect to 
them. It is impossible to depict the pernicious effect of dis- 
regarding the claims of delicacy and purity in the location, 
construction and arrangement of the private retreats provided 
for the pupils of the two sexes. The case of providing none 



SCHOOL LAWS AND DECISIONS, 89 

at all is too gross for comment. Directors also have full 
authority to purchase brooms, dust-brushes, pails, wash-bowls, 
shovels, tongs, ash-buckets, scrapers, mats, clothing-hooks, 
etc., etc. The power of the directors to procure all these 
things, and any others that may be required for the complete 
equipment and furnishing of their schools, school houses and 
grounds, is clear and unquestionable. And' to pay for them 
they may levy any rate of tax that may be necessary ; no vote 
is required. It is also the duty of the directors to employ 
some one to sweep, make fires, prepare the fuel, etc., unless a 
different agreement is made with the teacher, or the pupils 
voluntarily attend to those things. 

9. Teacher not to do Janitor Work. Unless otherwise speci- 
:fied in the contract no teacher of a public school can be re- 
quired to sweep, make fires, etc. It is no part of his duty, 
unless he agrees and contracts to do it when he is employed. 
These are services which have no connection whatever with 
his personal duties as teacher, and which he cannot, there- 
fore, be required to perform under a general contract to teach 
the school. Whatever services and duties properly attach to 
the office of teacher, in addition to the great work of instruct- 
ing and governing the school, such as preserving the house 
and its furniture, the fences, grounds, trees, shrubbery, etc., 
from injury by the pupils, may legally be required of him. 
But making fires, sweeping, sawing wood, etc., do not belong 
to this category. A teacher is under no more legal obligation, 
as a teacher, to saw and split the wood for the school stoves, 
than he is to bring it from the forest to the school house. 
Nor is he under any more obligation to cause it to be done, 
or to see that it is done, unless he agrees to do so ; and of 
course he is not liable for any expenses attending the perform- 
ance of such services. 

10. Pupils not to do Janitor Work. Neither may such ser- 
vices be required of pupils against their will. [State v. Board 
of Education of Fond du Lac, 63 Wis., 234.] 

Whatever expense attends such services comes under the 
head of "necessary incidental expenses," and may be provided 
for by the directors, without a vote, under the forty-third sec- 
tion of this act. 

11. Liability of District for Injury to Pupils. The district 
is not liable for injury resulting to pupils, either from the de- 

—6 



90 SCHOOL LAWS AND DECISIONS. 

fective construction or condition of the school house, or for a 
dangerous condition of the school yard. [Lane v. District 
Township of Woodbury, 58 la., 462 ; Finch v. Board of Educa- 
tion, 30 Ohio St., 37; Bigelow v. Randolph, 14 Gray, 541.] 

It has been held otherwise in New York. In deciding Bassett 
V. Fish, 75 N. Y. App., 303, Judge Folger said : "If, in the 
proper discharge of their duty, they had gone to the building, 
and, looking for defects threatening immediate danger, had 
found this hole, then they would have had actual and personal 
knowledge of it, and would have been in fault, if having pub- 
lic means to do it they had not amended it. If so going they had 
made so careless an inspection as not to see what was so plain, 
then they would have been faulty. If they did not go at all 
and took no heed of the liability to danger from the general 
and particular defects of a building in their charge, which they 
kept open for the use of many people, then they egregiously 
failed in doing their duty." 

12. Temporary Use of School House for Meetings. Directors 
are authorized to "grant the temporary use of school houses, 
when not occupied by schools, for religious meetings and Sun- 
day schools, for evening schools and for literary societies, and 
for such other meetings as the directors may deem proper." 
Directors are clothed will full powers in the premises, and may 
exercise those powers at their discretion. 

13. Liability of Directors. In the exercise of the authority 
so explicitly conferred, they are liable only for manifest abuse 
of the trusts committed to them ; in no other case can they 
be called to account for what they may see fit to do, or refuse 
to do, in the premises. Their decision and action are final, 
unless judicially inquired into, for good cause shown. The 
power conferred is, however, to be strictly cosntrued as to col- 
lateral matters. The buildings, grounds and appurtenances 
are to be safe from defacement and injury ; the books and 
utensils of the pupils are not to be meddled with ; the fuel 
and lights belonging to the district are not to be used by tem- 
porary occupants without express leave and full compensation ; 
the rooms used are to be left in as good and orderly a con- 
dition as when occupied ; for all losses and injuries inflicted 
or caused by such occupancy, to the school buildings and other 
property of the district, or to the books and other property of 
the scholars, the directors will be individually and jointly liable^ 



SCHOOL LAWS AND DECISIONS. 91 

They should, therefore, grant the use of the school house for 
such purposes to such persons only as are financially respon- 
sible and will agree specifically, in advance, to hold themselve& 
personally liable for any and all waste and damage to prop- 
erty and premises. 

14. Not to he granted tvhen School House is occupied hy School.. 
Such use can only be granted when the buildings are "not oc- 
cupied by schools;" that is, on Saturdays and Sundays, on 
evenings, and when the schools are not in session. The schools 
cannot be dismissed in order to accommodate or make room 
for meetings of the kind specified, or of any other kind. 

The use of the word "temporary" in the law should not be 
overlooked. Making arrangements for the long continued occu- 
pancy of the school house by any society, private school or 
church is not contemplated by the law. [Sherlock v. Winnetka^ 
68 111., 530; Weir v. Day, 35 0., 143.] 

Permitting the school house to be used for church purposes 
is not forbidden by section 3 of article 9 of the constitution 
prohibiting any appropriation in aid of any church. [Nichols- 
V. School Directors, 93 111., 61.] 

(c) Sale of School Property. It will be seen that in order 
legally to sell and convey district school property, the consent 
of the directors must first be had, and then, in addition, there- 
must be a petition therefor, signed by a majority of all the legal 
voters of the district. When such petition, approved by the di- 
rectors, is filed with the board of trustees, it then becomes their 
duty (and not till then) to proceed to sell and convey the prop- 
erty in the manner prescribed. As the title to school sites and 
property is in the trustees, they only have power to sell. The 
money received must be paid over to the township treasurer, 
for the use and benefit of the district ; no part of said avails 
should be paid to the directors, or any of them. And when 
notes are given by purchasers of school property, said notes 
should be drawn in favor of the township treasurer — not of the 
directors — for the use and benefit of the proper district. 

40. To"wnship treasurer custodian — Removal of 
treasurer — Suit on bond. § 40. The township board shall 
cause all moneys for the use of the townships and districts to 
be paid over to the township treasurer, who is hereby consti- 
tuted and declared to be the only lawful depositary and cus- 
todian of all township and district school funds, (a) They 
shall have power also to remove the township treasurer at any 



92 SCHOOL LAWS AND DECISIONS. 

time, for any failure or refusal to execute or comply with any 
order or requisition of said board, legally made, or for other 
improper conduct in the discharge of his duty as treasurer. 
They shall also have power, for any failure or refusal as afore- 
said, to sue him upon his bond. (6) 

(a) 1. Treasurer to hold all Funds. The township treasurer 
is the lawful custodian of each of the three funds which to- 
gether constitute all public school funds of the township, the 
permanent township fund, the distributable fund, and the dis- 
trict funds. Tuition fees, money paid on transfers, taxes col- 
lected, insurance money and money borrowed, must all go into 
his hands. [Adams v. The State, 82 111., 132.] The reason 
for this provision of the law is at once apparent when it is 
remembered that he is the only school officer in the township 
wlao gives a bond. But the treasurer may not receive for 
school funds or moneys anything which the law has not author- 
ized to be so received ; and if he does so and receipts for taxes 
on that account, he must make good the amount in case of 
valid objection thereto. [Jones v. Wright,^ Mich., 371 ; Living- 
stone V. Trustees, 99 111., 564; Humiston v. Trustees, 7 111. Ai^^p. 
(7 Brad.), 122.] But in the case last cited the directors were 
held to be estopped from demanding money of a treasurer 
whom they had authorized to take coupons of the collector. 

2. Trustees to enforce the Law — Cannot ivithdraw Funds. It 
is the business of the trustees to see that the law in this re- 
gard is complied with. But township trustees have no right 
whatever to withdraw the bonds, notes, mortgages, moneys and 
effects, denominated the principal of the township fund, nor 
the funds subject to distribution, from the custody of the town- 
ship treasurer, and deposit the same in a bank, or other place 
of supposed greater safety, or for any other purpose. If they 
do, they are individually liable in case of loss. By section 
sixty-two, the treasurer, upon the execution and approval of 
his bond, "shall demand, receive and safely keep, all moneys, 
books and papers of every description belonging to his town- 
ship." Section forty declares that trustees "shall cause all 
moneys, etc., to be paid over to the township treasurer." The 
safety of the funds and effects of the township is in the suffi- 
ciency of the treasurer's penal bond, and of his securities ; not 
in the supposed material strength of the place of deposit. 
The treasurer takes that risk. If trustees take an insufficient 
hond, or accept inadequate securities, section seventy-four 



SCHOOL LAWS AST) DECISIONS. 93 

makes them individually liable. They may increase the securi- 
ties to any necessary extent, but they cannot withdraw the 
funds and papers. 

(b) 1. Trustees may remove Treasurer. The trustees may 
remove the treasurer for cause. The phrase "legally made" 
in this connection must be held to mean made by the board 
when duly assembled, with a record thereof; and the order, for 
violation of which he may be removed, must be one requiring 
him to do some lawful act in relation to matters pertaining ta 
his office. 

The appointment of a new treasurer and the approval of his 
bond is, in effect, removing the former treasurer whose term 
has not expired. [Holbrook v. Trustees, 22 111., 539.] 

41. Trustees may take, hold and sell real estate — 
May settle claims. § 41. The township trustees are hereby 
vested with general power and authority to purchase real es- 
tate, if, in their opinion, the interests of the township fund 
will be promoted thereby, in satisfaction of any judgment or 
decree wherein the said board or county superintendent are 
plaintiffs or complainants ; and the title of such real estate so 
purchased shall vest in said board, for the use of the inhabi- 
tants of said township, for school purposes. The said board 
are hereby vested with general power and authority to make 
all settlements with persons indebted to them in their official 
capacity ; or receive deeds of real estate in compromise ; and 
to cancel, in such manner as they may think proper, notes, 
bonds, mortgages, judgments and decrees, existing, or that may 
hereafter exist, for the benefit of the township, when the in- 
terest of said township, or the fund concerned, shall, in their 
opinion, require it, and their action shall be valid, (a) Said 
board of trustees are hereby authorized to lease or sell, at 
public auction, any land that may come into their possession, 
in such manner and on such terms as they may deem for the 
interest of the township : Provided, that in all cases of sale of 
land as provided in this section, the sale shall be made at the 
same place, and notice given of it in the same manner as is 
provided in this act for the sale of the sixteenth section; and 
all such sales shall be by public auction, (b) 

(a) 1. Trustees may take Property in Compromise. The power 
to make compromises is one to be exercised strictly, as the 
statute says, "when the interest of said township or the fund 
concerned shall, in their opinion, require it." Entire good faith 
is demanded of the trustees in any such transaction. The re- 
sponsibility can be in no way lessened or divided by referring 
such a matter to the voters of the township. It is not a ques- 



'94 SCHOOL LAWS AND DECISIONS. 

tion upon which the law provides for a vote by the electors, 
and a vote is, therefore, of no effect. [District township of 
Washington v. Thomas, 59 la., 50. j 

2. Reference to Township Funds — Exempt from Taxation. 
Reference is had to the township fund and the investments of 
the fund. The term "bonds" refers to school bonds held as a 
part of the fund, as permitted in section 57 of the law, and not 
to the official bond given by the township treasurer. All lands 
taken as a part of this fund are exempt from taxation from the 
time the title vests in the trustees. [Chicago v. People, 80 111., 
384; People v. Trustees, 118 111., 52; note {a) p. 10; article 9, 
section 8, etc., p 11.] 

(b) 1. Leasing Lands. For further powers and limitations 
in regard to leasing lands, see Sec. 108. 

2. Sale of Lands — How Made. If the lands which come into 
ithe possession of the trustees are sixteenth section lands, it is 
not necessary that there be a petition to give authority for 
their sale, as in the first instance [§ 83], nor is it necessary 
that the county superintendent make the sale. 
■ Any and all lands which the trustees acquire by purchase, 
settlement or compromise, may be sold by them on their own 
motion. The steps prescribed are : 

(1) If there is a newspaper published in the county, notice 
of the time, place and terms of the sale, with a description of 
the land, must be published in it for four weeks before the 
sale. If there is no such newspaper, then notices giving the 
same information must be posted in six public places in the 
.county, forty days next before the sale, [§ 88.] 

(2) The sale must be made upon the premises, or at the court 
liouse of the county in which the land is situated. [§ 88.] 

(3) The sale must be by public auction. Should the trust- 
ees employ the county superintendent, as they may, to conduct 
the sale, they may pay him a reasonable sum for his services ; 
but the sale would not be one for which section seventy-one gives 
him commissions. The sales there referred to are the original sales 
of sixteenth section lands, and sales of such lands as may come 
into his own hands as a part of any school fund held by him 
officially. 

SCHOOL DIRECTORS — THEIR ELECTION AND DUTIES. 

42. Election— Term of Office— Vacancies. § 42. The 
annual election of school directors shall be on the third Sat- 



SCHOOL LAWS AND DECISIONS. 95 

Tirday of April, when one director shall be elected in each 
district, who shall hold his office , for three years, and until 
his successor is elected. In new districts the first election 
may be on any Saturday, notice being given by the township 
treasurer as for the election of trustees, when three directors 
shall be elected, who shall, at their first meeting, draw lots 
for their respective terms of office, for one, two and three 
years. When vacancies occur, the remaining director or 
directors shall, without delay, order an election to fill such 
vacancies ; which election shall be held on Saturday. 

Notices — Treasurer or county superintendent may 
order election. Notices of all elections in organized dis- 
tricts shall be given by the directors, at least ten days pre- 
vious to the day of said election.* Said notices shall be 
posted in at least three of the most public places in the dis- 
trict, and shall specify the place where such election is to be 
held, the time of opening and closing the polls, and the 
question or questions to be voted on. Should the directors fail 
or refuse to order any regular or special election as aforesaid, 
it shalt be the duty of the township treasurer to order such 
election ; and if he fails to do so, then it shall be the duty of 
the county superintendent to order such election of directors 
within ten days, in each case of such failure or refusal ; and 
the election held in pursuance of such order shall be valid, 
i;he same as if ordered by the directors. 

Ho\^ conducted — Judges — Postponement — Tie. Two 
of the directors ordering the election shall act as judges, and 
one as clerk of said election. But if said directors, or any of 
them, shall fail to order an election, to attend, or [shall] 
refuse to act when present, and in unorganized districts, the 
legal voters, when assembled, shall choose such additional 
number as may be necessary to act as two judges and a clerk 
of said election : Provided, that if upon the day appointed for 
said election, the said directors or judges shall be of opinion 
that, on account of the small attendance of voters, the public 
good requires it, or if the voters present, or a majority of 
ihem, shall desire it, they shall postpone said election until 
ihe next Saturday, at the same place and hour, when the 
voters shall proceed as if it were not an adjourned meeting: 
And, provided, also, that if notice shall not have been given as 
above required, then said election may be ordered as afore- 
said, and holden on the Third Saturday in April, or any other 
Saturday, notice thereof being given as aforesaid. In case of a 
tie. the judges shall decide it by lot on the day of election, {a) 

Organization of board — Records — jVIeetings. The 
directors within ten days after the annual election of the 
directors, shall meet and organize by appointing one of their 
number president and another of their number clerk, who shall 

*rorm No. 19. 



96 SCHOOL LAWS AND DECISIONS. 

keep a record of all the official acts of the board in a well 
bound book provided for that purpose, which record shall be 
signed bj^ the president and clerk, and shall be submitted to 
the township treasurer for his inspection and approval on the 
first Mondays of April and October, and at such other times 
as the township treasurer may require. The board of directors 
shall hold regular meetings at such times as they shall desig- 
nate; and they may hold special meetings, as occasion may 
require, _ at the call of the president or any two memberSj and 
no official business shall be transacted by the board except at 
a regular or special meeting. 

Reports to treasurer — To voters — Pay of clerk. If 
the president or clerk be absent from any meeting, or refuse 
to perform his official duties a president or clerk pro tempore 
shall be appointed, {h) The clerk of each board of school 
directors shall report to the township treasurer or treasurers of 
the proper township or townships, immediately after the 
organization of the board, the names of the president and 
clerk, and on or before the seventh day of July, annually, 
such statistics and other information in relation to the schools 
of their respective districts, as the township treasurer is 
required to embody in his report to the county superintendent, 
and the particular statistics to be so reported shall be deter- 
mined and designated by the state superintendent of public 
instruction. At the annual election of director, the directors 
shall make a detailed report of their receipts and expenditures 
to the voters there present, a copy of which shall be trans- 
mitted to the township treasurer within five days of the time 
of said election. They shall also report the number and 
names of persons above the age of twelve years and under 
twenty-one, residing in the district, who are unable to read 
and write, and the causes of the neglect to educate them. 
Directors are authorized to use any funds belonging to their 
district, and not otherwise appropriated, for the purchase of a 
suitable book for their records, and the said records shall be 
kept in a punctual, orderly and reliable manner. They may 
also, where they deem the amount of labor done sufficient to 
justify it, allow out of such funds a compensation to said 
clerk for duties actually performed, (c) 

Return of election— Penalty. Within ten days after 
every election of directors the judges shall cause the poll-book 
to be delivered to the township treasurer, with a certificate 
thereon, showing the election of said directors and the names 
of the persons elected; which poll-book shall be filed by the 
township treasurer, and shall be evidence of said election. In 
the case of a union district made up of parts of two or more 
townships the poll-book shall be returned to the township treas- 
urer who receives the tax money of said district. For failure 
to deliver said poll-book within the time prescribed, the judges 
shall be liable to the same penalty as is prescribed in section 



SCHOOL LAWS AND DECISIONS. 97 

thirty (30), which penalty may be recovered in the same man- 
ner as is provided in said section, and when collected, shall be 
added to the district funds, (d) 

Non-residence of trustee or director makes a va- 
cancy. If any trustee or director shall not be an inhabitant 
of the district or township which he represents, an election 
shall be ordered to fill the vacancy; and no person shall be 
at the same time a director and a trustee, (e) 

Trustees and directors not to be interested in con- 
tracts of their boards. Nor shall a director or trustee be 
interested in any contract made by the board of which he is 
a member. (/) [June 3 — -July 1, 1879.] 

(a) 1. Election of Directors. What has been said upon the 
provisions of the law with regard to the elections of trustees 
and the questions connected therewith applies also to these 
clauses of section forty-two concerning the election of directors. 
See notes (a) and (b), Sec. 25, on Time and Place, and Post- 
j)onenient; note (a). Sec. 27, on Judges, Ballots, Qualifications 
of Voters, Challenges, Poll-Book and Tally-Sheet, Pluralitiy, Tie, 
Highest Candidate Ineligible, Ballots more or less than Names 
on Poll- Book, Informalities and Irregidarities, Contest; note (ci) 
Sec. 30, on Failure of Judges to make Return. See also Sec. 
28 on Qualifications of Voters; Sec. 33, note {i) on Election in 
Districts in two Counties; Sec. 126 on Elections in Districts in 
tvhole or in part in Cities, Toivns and Villages ivhich have adopt- 
ed the Election Laiv of June 19 — Jidy 1, 1885. 

2. Hoiv long the Polls shall be Open. The law does not in- 
dicate at all how long the polls should be kept open. This 
matter is left for the directors to determine, and they should 
make the time long enough for all to vote. 

3. Election upon Special Questions. Except in the case when 
a school township maintains a township high^school, there are 
no questions to submit to the voters at a township school elec- 
tion ; such elections are held for the sole purpose of electing 
trustees. But the voters of a school district at either the regu- 
lar or a special election may be asked to vote upon some other 
question or questions. These are : 

(1) To borrow money. [§ 47.] 

(2) To refund bonds. [§ 138.] 

(3) To purchase or locate a school house site. [§ 48.] 

(4) To purchase or build a school house. [§ 48.] 

(5) To move a school house. [§ 48.] 



yb SCHOOL LAWS AND DECISIONS. 

(6) To levy a tax to extend the school beyond nine months. 
[§ 48.] 

(7} To add "other branches" to the course of study. [§ 50.] 

(8) If the district has not less than one thousand inhabit- 
ants, it may vote upon a question as to changing district 
lines. [§ 33.] 

In regard to the first six of these questions, directors are 
forbidden to act without a vote. 

4. Vote upon other Matters of 7io Legal Effect. In all other 
district affairs the school board acts without a vote of the 
people ; and a vote upon any other question than those named 
above, as upon employing a certain person for a teacher, is 
advisory only, and is not binding upon the board. "The elec- 
tors can exercise such powers only as are conferred by statute 
either expressly or by reasonable implication." [District Town- 
ship of Washington v. Thomas, 59 la., 50; School District v. 
Harvey, 56 Vt., 556.] 

5. Notice. The notice must state the question or questions 
to be voted upon. A vote upon a question not presented in 
the notice is void, even though the question be one which may 
be the subject of a vote ; for the question is not before the 
people unless stated in the notice. 

6. Ballots. Votes upon these questions must be by ballot, 
and the ballot must follow the notice. If the notice presents 
the question, "To vote for building a school house," the ballots 
must read "For" or "Against building a school house." If a 
majority of the ballots should read "For borrowing money to 
build a school house," the directors would not be empowered 
by the vote to build, since borrowing money was what was 
voted upon. Neither would the directors be empowered to 
borrow naoney, for that question was not submitted in the 
notice. In such a case the election would be void, so far as 
relates to the question submitted. 

7. One Ticket, and hut one Balloting. All the questions to 
be voted upon and, if there be an election of a director, the 
name of the person voted for, should be upon one ticket. There 
can be but one balloting at one election ; since for that the 
polls must be open all the time named in the notice, and by 
the one ballot the power of the electors to vote under the call 
made has been exhausted. [State v. Adams, 58 Vt., 694.] 



SCHOOL LAWS AND DECISIONS. 99 

8. Questions may be voted on a Second Time. This subject 
is considered in Sec. 48, note (/), 7. 

9. Vacancies. The careful provisions of the law for filling 
vacancies in the board of school trustees have already been 
seen [note (c), § 25], and the same pains is taken to have all 
vacancies, whether regular or extraordinary, in the board of 
directors promptly filled. The clear intention is that a director 
shall not hold over, and that the board shall be full constantly, 
so that the district may both have the judgment of three men 
upon the management of its affairs, and may itself control 
the membership of the board through the annual election. 

10. Elections, hoiv called. One director may, if he is the only 
member of the board left, call an election to choose members 
of the board; and an election to choose a member or members 
of the board may be called, in the cases named in the law, by 
the township treasurer or the county superintendent. [See 
note (c), 3, Sec. 23.] 

11. In Union District — In District in two Counties. If the 
district in which there is a vacancy lies in two townships, and 
the remaining director or directors fail to order an election, 
the two treasurers may jointly order it. If this cannot be done, 
an election called by either treasurer and duly held would be 
held to be a sufficient compliance with the law. In the same 
way, if both directors and treasurer fail to call an election to 
fill a vacancy in a district lying in two counties, both county 
superintendents may call the election jointly, or either may call it. 

12. SjJecial questions submitted by School Board only. But 
submitting questions to a vote can be done by order of the 
board of directors, and in no other way. 

13. Election on What Days. The regular election and the 
election to fill a vacancy must be held on Saturday ; but one 
called to vote upon special questions only may be called for 
any week day. 

(b) 1. Organization of Board of Directors. The board of 
directors is required to meet and organize within ten days of 
the election ; but by a failure to organize within the time named, 
ihe directors do not vacate their offices ; the duty to meet and 
■organize continues, and should be performed so that the board 
may be ready to enter upon its official work. The members 
make themselves liable to a fine [§ 76] by neglecting the man- 
date of the law. 



100 SCHOOL LAWS AND DECISIONS. 

2. Records. The duty of the clerk of the board is to keep 
in permanent form a record of all the official acts of the board. 
A subsequent clause of the section authorises the board to 
purchase a suitable book and says "the said records shall be 
kept in a punctual, orderly and reliable manner." The record 
of each meeting should be written up immediately after the- 
meeting and signed by the president and clerk. It is of the 
utmost importance that every school board keep such a record 
as this. "Lack of such official records," says one who knows,, 
"has caused more lawsuits and losses, more confusion and 
trouble, in the financial and general business administration 
of the school system than any other thing." The record book 
of the district should contain a full history of its school affairs. 
Dates, names, resolutions, votes, etc., should be given with 
such exactness that no trouble can arise which a reference to 
its pages will not help to settle. Financial statements and re- 
ports should be spread out on the record book. Documents 
that are merely filed are soon lost. 

3. Meetings. What has been said in note (a). Sec. 82, with 
regard to special meetings of trustees applies with equal force 
to similar meetings of directors, and the decisions of the courts 
cited there control here also. The clause added here is of 
special significance : "And no official business shall be trans- 
acted by the board except at a regular or special meeting." 

Members of a school board, acting individually, can bind 
neither the board nor the person with whom they attempt to 
contract. An agreement by members of a school board, acting 
in their individual capacity, to purchase apparatus, etc., from 
another person, and to ratify same at the next regular rneet- 
ing is contrary to public policy and void. [McCortle v. Bates, 
29 0., 419.] 

The fact that articles, purchased by one or more of the 
directors without authority of the board, have been used by the 
school does not amount to a ratification of the purchase or 
impose upon the district any obligation to pay for them. 
[Johnson v. School District, 67 Mo., 319.] 

An order not authorized, or allowed, or executed at a legal 
meeting is void. [Mincer v. School District, 27 Kas., 253.] 

The action of a majority of a school district board will not 
bind the district, without notice to or participation therein of 
the other member. [People Y.Peters, 4 Neb., 254.] 



SCHOOL LAWS AND DECISIONS. 101 

4. Regular Meetings. The directors ought to hold a regular 
meeting once a month while the school is in session, in order 
io examine and approve the schedules, issue teacher's orders 
and consult with him over the interests of the school ; and it 
will be well to continue such meetings through the year. If 
they will take this course, referring particularly to the regular 
meeting all strangers who attempt to deal with them individu- 
ally, they will have little occasion for special meetings, and. 
the business of the board will be conducted more nearly with 
such deliberation and good judgment as its importance de- 
mands, and there will be fewer purchases of high priced light- 
ning rods, and fewer needless changes of text books. 

(c) Reports — Penalties. It is necessary that the treasurer 
have the names of the president and secretary of each board 
of directors, in order that he may have a check upon the sig- 
natures of their orders. He needs also a copy of their finan- 
cial report, so that he may readily compare his account with 
theirs. 

Directors are required to submit their records to the town- 
ship treasurer for his inspection, on the first Mondays of April 
and October, and at such other times as he may require. It 
is hoped that treasurers will faithfully perform this duty, and 
do all they can by their aid and advice to bring about a uni- 
form and reliable system of district records. They will be 
more than repaid in the increased facilities afforded them in 
making out their annual reports to the county superintendent. 

This financial report of the directors is made to the voters 
to show them how their money has been spent, and should be 
presented at such time during the progress of the election as 
will give it the greatest publicity. Posting the semi-annual 
statements of the treasurer upon the door of the building 
where the election is held is required for the same purpose. 
[Sec. 63, note {b).'\ 

For the value and desirableness of accurate statistical 
reports, see Sec. 17, note (a). 

For penalties for neglect to make a report and for making 
a false report, see Sec. 76. 

(d) 1. Return of Poll Book. The original poll book is to 
be taken to the township treasurer in the case of every dis- 
trict election. For the effect of a failure to make the return, 
see Sec. 30, note (a), 1. 



102 SCHOOL LAWS AND DECISIONS. 

2. Township Treasurer Custodian only of Return. The town- 
ship treasurer has the same duty in regard to the return of 
a district election, that the county superintendent has in 
regard to the return of a township ; that is, he must receive 
and file it. He has no authority of law to declare the election 
void. Compare Sec. 30, note (a), 3. 

(e) 1. Vacancies. For a fuller statement of how vacancies 
may occur, see Sec. 29, note (a) ; note (a), 8, above. 

2. Offices of Director and Trustee Incompatible. The offices- 
of trustee and director are declared incompatible, so that they 
may not be held at the same time by one person. If a man 
who is a trustee is elected a director, he must choose which 
office he will hold ; and must do the same if, being a director^ 
he is chosen a trustee. 

(/) 1. Directors and Trustees must not he interested in Con- 
tracts. A very explicit interpretation of this clause has been 
given by our supreme court m School Directors v. Parks, 85- 
111., 338. In this case suit was brought to recover from Parks 
two sums of money which had, it was alleged, been paid him 
on orders drawn by the other two members of the board for 
labor in repairing the school house and for fuel furnished 
while he was a director. The court held that the statute then 
in force —it is the same now — absolutely prohibited a director 
from being interested in any contract made by the board of 
which he was a member. This embraces every contract whether 
express or implied, by virtue of which money can be drawn 
from the treasurer ; and it cannot be evaded by appropriations 
or payments from the treasurer for labor performed, or 
materials furnished for the benefit of the district, on the 
pretext that they were performed or furnished without any con- 
tract but, being beneficial to and enjoyed'by the district, should be 
paid for as a matter of justice. Both the letter and the spirit 
of the law forbid that directors shall, in anywise, whether 
directly or indirectly, openly or covertly, become interested in 
demands or claims, originating while they are directors, to be 
satisfied by payments from the funds of their districts ; and 
this construction must be rigidly enforced by the courts, with- 
out regard to the moral or equitable considerations that may- 
urge a different policy in particular cases. 

2. Directors and Trustees may not be paid for Services. 
Except that the director who is clerk of his board may be 



SCHOOL LAWS AND DECISIONS. 103^ 

paid for his clerical services, both directors and trustees are 
forbidden by this clause of the law to draw pay for any ser- 
vices they may render the district and the township whose 
officers they are, 

3 A Director may not he a Teaclier. The director may not 
be employed to teach in his district. 

4. A Trustee may not horroiv Money from the Toivnship 
Fund. The trustee may not borrow money from the school 
fund of his township or become surety for a borrower; and 
if he is a borrower or a surety when elected, he must pay off 
his own loan if it matures while he is in office ; and when the 
loan for which he is surety falls due, some one else must take 
his place as surety, if the money is re-loaned to the same 
borrower. 

5. Employment of a Minor Child of a Member of the Board. 
The school board may not employ the minor child of one of its 
members as a teacher, if the relations between the parent and 
the child are such that the father may lawfully claim the 
child's wages. 

6. Bonds bought by a Member of the Board. A member of a 
school board can not enforce the payment of bonds issued to 
him while a member, even when there is no question that the 
bonds were taken with no dishonest intent and paid for in cash 
at par. [Heivett v. Board of Education, 94 111., 528.] 

7. Lot sold to the Board and Money loaned it by a Member, 
Neither can payment be compelled for a lot sold the district 
for a school site by a director; nor for money furnished, with 
which the school house has been built. [Directors v. Miller, 
54 111., 338.] 

43. Taxation by districts — Limitations. § 43. For 

the purpose of establishing and supporting free schools for not 
less than five nor more than nine months in each year, and 
defraying all the expenses of the same of every description ; 
for the purpose of repairing and improving school houses ; of 
procuring furniture, fuel, libraries and apparatus, and for all 
other necessary incidental expenses in each district, village or 
city, anything in any special charter to the contrary notwith- 
standing, the directors of such district and the authorities of 
such village or city shall be authorized to levy a tax, annually, 
upon all the taxable property of the district, village or city^ 
not to exceed two per cent, for educational and three per cent, 
for building purposes, to be ascertained by the last assessment 
for state and county taxes, (a) 



104 SCHOOL LAWS AND DECISIONS. 

Surplus for library and apparatus. They may also 
appropriate to the purchase of hbraries and apparatus, any 
surplus funds, after all necessary school expenses are paid, (b) 

Sale of personal property. And when any school dis- 
trict shall own any personal property not needed for school 
purposes, the directors of such district may sell such property 
at public or private sale, as in their judgment will be for the 
best interest of the district, and the proceeds of such sale 
shall be paid over to the treasurer of such district for the 
benefit of said school district : Provided, no such sale shall be 
made until the same, and manner and terms thereof, shall be 
authorized by vote of the district, (c) [June 3 — July 1, 1879.] 

(a) 1. Length of Term of School. The term of the school 
must be, according to Sec. 48, not less than one hundred and 
ten days actually taught and more if practicable, not exceed- 
ing nine months except by vote of the people of the district. 

2. Taxation in Districts under Special Laws. The phrase 
"anything in any special charter to the contrary notwithstand- 
ing" was put into the law by amendment in 1879, in order to 
relieve certain school districts under special laws which put 
lower limits upon taxation for school purposes. The amend- 
ment was held to be sufficient by Hon. C. S. Zane, circuit 
judge of Sangamon county. 

3. The Tax Levy. The form of the levy is given in Sec. 44. 
It will be seen that the form does not require a levy of specific 
amounts for each purpose for which taxes may be levied. But 
if a part of the amount to be raised is for building purposes, 
and the whole levy is for more than two per cent., it is neces- 
sary to make a division in the levy so that it shall show so 
much for educational and so much for building purposes. The 
money to pay the interest and the principal of bonds issued 
for building purposes may be raised under the authority to 
levy three per cent, for building purposes. 

4. Must he for School Purposes. The power to levy taxes 
here given is general and no attempt is made to make a com- 
plete enumeration of the objects for which taxes may be levied; 
but, on the other hand, it must be remembered that the 
powers of school boards are strictly limited to such as are 
necessary to carry out the provisions of the school law. [People 
v. Dupuyt, 71 111., 651 ; People v. Trustees, 78 111., 136.] 

No power is given to raise money with v/bich to defray the 
expenses of school picnics, or to buy prizes or rewards ; and, 



SCHOOL LAWS AND DECISIONS. 105 

hence, directors have no power to use school moneys for such 
purposes. [Law v. People, 87 111., 385.] 

The school funds of every district must be kept and con- 
sidered as a unit, for the purposes contemplated by law. The 
school law knows no particular class, nationality, religion or 
sect. The taxes paid by persons of a particular sect, class or 
nationality, can not be withdrawn from the common fund to 
pay the teacher of a separate school established for their own 
special benefit. Such a proceeding would be at war with the 
fundamental idea of our system of common schools. 

5. Vote not needed for Levy for Educational Purposes. No 
vote of the people is needed to authorize the directors to levy 
a tax for educational purposes ; neither does a vote of the 
people in this regard, if one be had, change or limit in any 
way the power of the directors, except as to extending the 
school beyond nine months ; for it is not one of the questions 
upon which the law provides for a vote. [District Totvnship of 
Washington v. Tliomas, 59 la., 50.] 

6. Vote needed for Levy for Building Purposes. But there 
must be an antecedent vote to build, to purchase or to move 
a school house and to choose or locate a school house in order 
to authorize and make legal a tax levy for such purposes. 
[Directors v. Fogleman, 76 111., 189.] There having been a vote 
to build a school house or to purchase one, or to locate or 
purchase a site, etc., [See Sec. 48, note (/), 5], the board may 
proceed, without any further vote, to levy a tax for these pur- 
poses, not exceeding the limit named above. 

7. Money must he used for Purpose for which it tvas raised. 
Moneys raised for a special purpose, as for building a school 
house, may not be devoted to any other purpose ; so, too, funds 
obtained for the support of schools and defraying the expenses 
of the same, may not be paid out for building purposes. 
[Pennington v. Coe, 57 111., 118.] 

8. Surplus, how used. If there be a clearly ascertained sur- 
plus in any special fund, as there may be in a building fund 
if the house has cost less than the amount raised, the school 
board can turn the surplus into the general fund. 

(b) 1. Money for Libraries and Apparatus. There are two 
ways in which money may be had for school libraries and ap- 
paratus. The directors may make a special levy for such pur- 
poses, since they are named as objects for which taxes may be 
—7 



106 SCHOOL LAWS AND DECISIONS. 

levied, in the first part of the section. But if no levy has been 
made for such purpose, then any surplus of the general levy, 
after all necessary school expenses have been paid, may be 
appropriated to the purchase of apparatus and books for the 
library. 

2. Same, not to be purchased on Credit. A purchase of such 
articles on credit, when it does not appear that there is any. 
such surplus, is void, and no contract is implied by law to pay 
for such articles arising from their receipt and use. The only 
remedy of the seller, in such a case, is to take his property. 
[Clark V. Directors, 78 111., 474; Folsom v. Directors, 91 111., 
402.] 

(c) Sale of School House. For power to sell the school house 
and lot, see sec. 39, (c) 

44. Tax levy— Form of certificate. § 44. The direct- 
ors of each district shall ascertain, as far as practicable, an- 
nually, how much money must be raised by special tax for 
school purposes during the ensuing year, which amount shall 
be certified and returned to the township treasurer, on or be- 
fore the first Tuesday of August, annually. The certificate of 
the directors may be in the following form, viz : 

We hereby certify that we require the amount of [dollarsl to be levied as 

a special tax for school purposes on the taxable property of our district, the year 18.. 

Given under our hands this day of 18 — 

A. B. ) Directors, district No , township 

C. D. - No range No , county 

E. F. ) of , state of Illinois. 

It shall be the duty of the township treasurer to return said 
certificates to the county clerk on or before the second Moriday 
of August ; and whenever the boundaries of the districts of the 
township shall have been changed, the township treasurer shall 
return to the county clerk, with the certificates, a map of the 
township showing such changes, and certified as required in 
the thirty-third section of this act. (a) 

When district is in two counties. When a district lies 
partly in two or more counties, the directors shall determine 
and certify the amounts to be levied on the taxable property 
lying in each county, and return the same to the county treas- 
urer, who shall return them to the respective county clerks, as 
hereinbefore provided : Provided, that in order to determine 
the amount to be levied on the taxable property of the part of 
the district lying in each county, the directors shall ascertain 
from the county clerks of the respective counties in which such 
district lies, the last ascertained equalized value of the taxable 
property of such district lying in their respective counties, and 
shall then ascertain the rate per cent, required, and shall ap- 
portion the whole amount to be raised between the several parts 
of the district so lying in different counties, accordingly. And 



SCHOOL LAWS AND DECISIONS. 107 

it shall be the duty of the county clerk of each county to de- 
liver to the directors of such district, on their application, a 
certificate showing the last ascertained equalized value of the 
taxable property in that part of such district lying in such 
<30unty. (b) [June 3— July 1, 1879.] 

(a) 1. Certificate of Levy Essential. There must be a cer- 
tificate of levy to authorize a tax. In a sense, such certificates 
are jurisdictional, and any tax extended for school purposes, 
when no such certificate has been returned by the directors as 
required by this section of the statute, is without authority of 
law and null and void. [Weber v. 0. and M. Ky Co., 108 111., 
451.] 

2. Amount of Levy. The power given for taxation is ample 
to produce all the money needed for school purposes in addi- 
tion to the income of school funds and the state tax in all but 
a very few of the school districts of the state, and the manifest 
intention of the law is that the current business of the dis- 
tricts shall be done on a cash basis. Hence, when directors 
are making their levy, they should first ascertain what their un- 
appropriated resources are and then make the levy large 
enough to pay all expenses, until February of the second year 
after the levy. 

3. Irregularity in Levy. A failure to make the return on the 
day named is an irregularity which, if the levy be made later, 
is cured by Sec. 191, Chap. 120, Eev. Stat. [Moore v. Fessen- 
heck, 88 111., 422.] 

4. Maps, etc. It is essential that the county clerk have 
correct maps of school districts in order that he may mark 
the district opposite each tract of land upon the collector's 
book and so inform the collector to what district the tax funds 
belong. If all maps of changes made have already been filed 
as required by Sec. 33, then the treasurer need not send in a 
new map with the certificates of levy ; but if he has neglected 
his duty in this regard, he must not fail to send in an ac- 
curate map with them. 

(b) Levy when District is in two Counties. This provision 
of the law showing how the school tax must be divided between 
the parts of a district lying in two counties, must be followed 
implicitly. It is not permissible for directors to divide it upon 
any other basis. 

45. County clerk to compute and extend tax — As- 
sessor to note district for personalty. § 45, According 



108 SCHOOL LAWS AND DECISIONS. 

to the amount certified as aforesaid, the said county clerk,, 
when making out the tax books for the collector, shall com- 
pute each taxable person's tax in said district upon the total 
amount of taxable property as equalized by the state board of 
equalization for that year, lying and being in said district, 
whether belonging to residents or non-residents, and also each 
and every tract of land assessed by the assessor, which lies, 
or the largest part of which lies, in said district. The said 
county clerk shall cause each person's tax so computed to be 
set upon the tax book to be delivered to the collector for that 
year, in a separate column, against each tax-payer's name or 
parcel of taxable property, as it appears in said collector's 
book, to be collected in the same manner and at the same 
time, and by the [same] persons as state and county taxes 
are collected. It shall be the duty of assessors, when making 
assessments of personal property, to designate the number of 
the school district m which each person so assessed resides ; 
which designation shall be made by writing the number of 
such district opposite each person's assessment of personal 
property, in a column provided for that purpose in the assess- 
ment roll returned by the assessor to the county clerk. It 
shall be the duty of the county clerk to copy said numbers of 
school districts, as returned by the assessor into the collector's 
book, and to extend the school tax on each person's assess- 
ment of personal property according to the rate required by 
the amount designated by the directors of the school district 
in which such person resides. It is hereby made the duty of 
the proper of&cers, in preparing blank books and notices for 
the use of assessors, to provide columns and blanks for the 
use of assessors as above described. The computations of eack 
person's tax, and the levy made by the clerk, as aforesaid, 
shall be final and conclusive : Provided, the rate shall be 
uniform, and shall not exceed that required by the amount 
certified by the board of directors. 

County clerk to send treasurers certificates of tax — 
Collector to pay treasurer and to give list of delin- 
quent taxes. And the said county clerk, before delivering 
the tax book to the collector, shall make out and send by 
mail to each township treasurer of the respective townships in 
the county, a certificate of the amount due each district, or 
fraction of a district in his township, of said tax, so levied 
and placed upon the tax books, and on or before the first day 
of April next after the delivery of the tax books containing 
the computation and levy of said taxes aforesaid, or so soon 
thereafter as the township treasurer shall present the said 
certificate of the amount of said tax, and make a demand 
therefor, the said collector shall pay to said township treasurer 
the full amount of said tax so certified by the county clerk, 
or in case any part thereof remains uncollected, said collector 
shall, in addition to the amount collected, deliver to said 



SCHOOL LAWS AND DECISIONS. 109 

township treasurer a statement of the uncollected taxes for 
each district of such township, taking of the township treasurer 
his receipt therefor, which receipt shall be evidence, as well 
in favor of the collector as against the township treasurer; 
and said treasurer shall enter the amount collected in his 
books, under the proper heads, and pay the same out as pro- 
vided for by this act. (a) 

Taxes of" union districts. When a district is composed of 
parts of two or more townships, the directors shall determine 
and inform the collectors of said townships, and the collector 
or collectors of the county or counties in which said townships 
lie, in writing, under their hands as directors, which of the 
treasurers of the townships from which their district is formed 
shall demand and receive the tax money collected by the said 
collectors, as aforesaid, (b) [June 3 — July 1, 1879.] 

(a) 1. Small Excess does not make Levy Void. A small 
excess in the amount of the tax extended over the amount 
levied does not make the tax void. [Thatcher' v. The Peojjle, 
79 111., 597.] 

2. Personal Property — Where Taxable under the School Laiv. 
While personal property generally follows the residence of the 
owner, and is there taxable, yet if permanently located else- 
where, it may, under the school law, be taxed where so 
located ; and a party who complains of a school tax, as levied 
in a certain district, must show that the property was not 
taxable in such district. [Mills v. Thornton, 26 111., 300; 
King v. McDrew, 31 111., 418; First Nat'l B'k of Mendota v. 
Smith, 65 III., 44.] 

3. Certificate of Amount due. The certificate of the amount 
due each district is needed by the township treasurer as a 
basis for settlement with the collector. He must also settle 
with the collector for each district, and must get the list of 
delinquent taxes so that he may have the data for a final 
settlement with the county treasurer. 

4. Collector s Commission — Must pay Money. The collector 
is held to pay the "full amount" collected, when he pays the 
amount less the commissions which the law allows him. 
[People V. Wiltshire, 92 III., 260.] 

The collector must pay the treasurer money. [See note (a), 
3, Sec. 40.] 

5. Tax Funds go to Credit of Districts. The tax funds 
must be put to the credit of the proper districts as soon as 
received and held to be paid out as provided in Sec. 67. 



110 SCHOOL LAWS AND DECISIONS. 

(b) Funds of Union District. The purpose of this provision 
of the law is that all the funds of union districts may be con- 
solidated in the hands of one treasurer, and that their accounts 
may be kept with one man instead of with two or more. A 
further provision of the law is to be found in Sec. 67. 

46. Suit against collector. § 46. If any collector shall 
fail to pay the amount of said tax, or any part thereof, as re- 
quired in the aforesaid section, it shall be competent for the 
township treasurer, or other authorized person, to proceed 
against such collector and his securities in an action of debt 
in any court of competent jurisdiction ; and the said collector, 
so in default, shall pay twelve per centum upon the amount 
due, to be assessed as damages, which shall be included in 
the judgment rendered against him: Provided, no collector shall 
be liable for such part of said tax as he shall be able to make 
appear he could not have collected by law, until he may be 
able to so collect such amount, (a) 

(rt) Suit against Collector — Penalty. Suit to recover money 
from the collector is properly brought upon his bond in the 
name of the people, and such suit may be brought without first 
presenting to the collector the county clerk's certificate of the 
amount due. [Sec. 45.] The penalty may be collected from 
the collector and his sureties, if sued for, but not unless the 
certificate has been presented. [Tappan v. The People, 67 111., 339.] 

47. Borrowing money— Limit — Limit of tax— Bonds 
— Registration. § 47. For the purpose of building school 
houses, or purchasing school sites, or for repairing and im- 
proving same, the directors, by a vote of the people, at an 
election called and conducted as required in the forty-second 
(42) section of this act (a majority of the votes cast shall be 
necessay to authorize the directors to act) may borrow money, 
issuing bonds * executed by the officers, or at least two mem- 
bers of the board, in sums of not less than one hundred dol- 
lars ($100) ; but the rate of interest shall not exceed eight per 
cent, nor shall the sum borrowed in any one year exceed five per 
cent, (including existing indebtedness) of the taxable prop- 
erty of the district, to be ascertained by the last assessment 
for the state and county taxes previous to the incurring of 
such mdebtedness, nor shall the tax levied in any one year for 
building school houses exceed three per cent, of said taxable 
property, except to pay indebtedness contracted previous to the 
passage of this act. (a) All bonds authorized to be issued by 
virtue of the power granted by this act, before being so issued, 
negotiated and sold, shall be registered, numbered, and coun- 
tersigned by the school treasurer of the township wherein the 
school house of such district is, or is to be located. Such 

*Foi-m No. 22. 



SCHOOL LAWS AND DECISIONS. Ill 

register shall be made in a "bond register" book to be kept 
for that purpose, and in this register shall first be entered the 
record of the election, authorizing the directors to borrow money 
and then a description of the bonds issued by virtue of such 
authority, as to number, date, to whom issued, amount, rate 
of interest, and when due. All moneys borrowed under author- 
ity granted by this section shall be paid into the school treas- 
ury of the township wherein the bonds issued therefor are re- 
quired to be registered ; and, upon receiving said moneys, the 
treasurer shall deliver the bond or bonds issued therefor, to the 
parties entitled to receive the same, and shall credit the funds 
received to the district issuing the bonds, and enter in the 
"bond register" the exact amount received for each and every 
bond issued, and when any such bonds are paid, the township 
treasurer shall cancel the same, and shall enter in the "bond 
register" against the record of such bonds the words "paid and 

canceled this day of , A. D ," filling the 

blanks with the day, month and year corresponding with the 
date of such payment, (h) [May 11 — July 1, 1877 ; June 3 — 
July 1, 1879.] 

(a) 1. Borrowing Money limited to Purposes named. Direct- 
ors are authorized to borrow money "for the purpose of build- 
ing school houses, or purchasing school sites, or for repairing and 
improving the same." This enumeration of purposes for which 
money may be borrowed is a limitation upon the power of 
school boards. They cannot involve the districts in debt for 
any other purpose whatever, unless it be for teachers' wages 
as provided in Sec. 53. For school boards have such powers 
as are given them by the statute and such others only as are 
necessary to carry into effect granted powers. [Clark v. Direct- 
ors, 78 111., 474; Peers v. Board of Education, 72 111., 508.] 

2. A Vote to build and a Vote to borrow must precede Bor- 
rowing. But before directors may exercise this power to bor- 
row money for building a school house (purchasing a house 
already built is held to be the same as building in The People 
V. Sisson, 98 111., 335), there must be (1) a vote to build a 
house, and (2) a vote to borrow money for such purpose. The 
propositions must be submitted as separate propositions, i. e., 
so that the people shall vote upon both ; but they may be both 
submitted at the same time. Should it happen, however, that 
when both were submitted at the same time, the proposition io 
build failed and the proposition to borrow money carried, the 
power to borrow could not be exercised, for there would be no 
existing purpose for which to borrow. 



112 SCHOOL LAWS AND DECISIONS. 

. 3, Same in regard to a Site. So, too, if money is to be 
borrowed for the purchase of a site, there must be both a legal 
location of a particular site, or a vote to purchase one, which 
is the same thing, and a vote to borrow money for such pur- 
pose. [ScJiool Directors v. Taylor, 54 111., 289; Board of Edu- 
cation V. Taft, 7 111. App. (7 Brad.), 571.] 

4. Vote needed to authorize enlarging the House— Repairs. If 
the improvement which the directors wish to make consists in 
enlarging the house, this is a question which must be sub- 
mitted to a vote, for it is closely allied to building, and it 
may well be that the people would prefer to rebuild the school 
house, or to build an additional house, rather than to enlarge 
the one they have. But if the directors wish to borrow money 
to make ordinary repairs and improvements to the building 
and grounds, the only question to be submitted is the question 
of borrowing money. 

5. Form of Proposition to borrow Money— Notices. The direct- 
ors may ask authority to borrow a certain amount, and in such 
case the power, if given, would be limited to the amount 
named. But if the proposition is simply "to borrow money" 
for purposes named, then a favorable vote gives the directors 
power to borrow up to the limit named in the statute. [The 
People V. Sisson, 98 111., 335.] 

In any case, the notices and the ballots must correspond, 
and a majority of the ballots cast upon a proposition sub- 
mitted is necessary to authorize the directors to act. 

For instance, if the notice submits the proposition of bor- 
rowing three thousand dollars, and ten ballots read "For bor- 
rowing three thousand dollars," and fifteen, "For borrowing 
two thousand dollars," it can not be held that authority has 
been given to borrow the smaller sum, for that was not the 
proposition submitted ; and yet the fifteen votes were, in effect, 
against borrowing three thousand dollars, and so the proposi- 
tion submitted was beaten. If a vote be not taken upon a 
proper notice, the directors get no power therefrom ; and an 
issue of bonds based upon such a vote would not be a valid 
claim against the district in whose behalf they were issued. 
[Thatcher v. People, 93 111., 240; Thatcher v. People, 98 111., 632.] 

6. Limitations of Indebtedness. Limiting the amount of in- 
debtedness to five per cent, of the valuation of the taxable 
property is in accordance with Sec. 12, Art. 9, Const. 1870. 



SCHOOL LAWS AND DECISIONS. 113 

See page 11. The same section limits the term of the bonds 
to twenty years. The limitation of taxation for paying off 
bonds is the same as the limitation of taxation for building 
purposes in Sec. 43. 

7. Bonds — Notes. Power to borrow money carries with it, 
at common law, the power to give evidence of the loan — 
usually carries with it the power to execute promissory notes 
and simple contracts incident to the loan. The words of the 
statute "to execute bonds" give further power, i. e., to execute 
a bond, a paper under seal. Hence, if, pursuant to votes to 
build and to borrow money therefor, directors issue notes, or 
iime orders bearing interest, such notes or orders are valid 
obligations of the district. [Folsom v. Directors, 91 111., 402.] 

(b) 1. Bond Register. The bond register which must be 
kept by the treasurer should be a durable record. But he 
need not get a separate book unless the township is large, and 
one in which there are likely to be frequent issues of bonds. 
In almost all townships it will be enough to set aside some 
pages in the book in which he keeps his accounts with dis- 
tricts, and rule them suitably for a register. 

In making up the record of the election at which it was 
voted to borrow money, he should include a copy of the notice, 
for that is an essential part of the record. 

The money received upon bonds must go to the township 
treasurer, since he is the only lawful depositary of all school 
funds. [Sec. 40, note {a); Adams v. State, 82 111., 132.] 

2. Bonds may not he sold beloiv Par. . The bonds may not 
be sold at less than par; and if they are sold below par, the 
directors are personally liable for the loss. [Ibid.] 

3. Bonds may be exchanged for a House. "The power given 
by the statute to borrow money for the purpose of building 
school houses or purchasing school sites, embraces, no doubt, 
the power to purchase a school site having already a school 
house thereon." [People v. Sisson, 98 111., 335.] But too much 
must not be inferred from this last case cited: for a prudent 
business man would certainly accept the decision of the su- 
preme court of Nebraska to the effect that bonds may be issued 
for money only, not bargained away to contractors. [State v. 
School District, 16 Neb., 182.] 

4. Bonds may not be taken by Member of Board. A school 
director may not take bonds issued by the board of which he 



114 SCHOOL LAWS AND DECISIONS. 

is a member. [Heivett v. Board of Education, 94 III., 528; 
Directors v. Miller, 54 111., 338; Sec. 42, note (/).] 

5. Bonds payable at Office of Treasurer. In the absence of 
express statutory authority, school bonds and the interest on 
them may not be made payable anywhere else than at the 
township treasury ; or, if provision for their payment elsewhere 
be made, such provision is void. [People v. Tazeivell County, 
22 111., 147; City of Pekin v. Reynolds, 31 111., 529; Sherlock y. 
Winnetka, 68 111., 580.] 

6. Befunding Bonds with Registration loith State Auditor. 
School bonds may be refunded, with registration with the 
auditor of public accounts, under the act of Feb. 16, 1865, a& 
amended by the act approved and in force April 27, 1877, and 
further amended by the acts of May 28-July 1, 1879, and June 
4-July 1, 1879. [Sections 1-11, Chap. 113, Rev. Stat. III.] 
Nothing is gained by this registration, unless it is proposed to 
sell the bonds at a distance, on the market. School boards 
thinking of registering refunding bonds should correspond with 
the auditor of public accounts. 

7. Refunding ivithout Registration. School bonds may be 
refunded without registration under the act inserted later as 
Sec. 138. 

8. Vote necessary to refund Bonds. In either case it will be 
noted that a vote of the people of the district upon the ques- 
tion is needed to give the school directors power to refund 
district bonds. 

9. Sinking Fund. A sinking fund may be created under the 
provisions of the act of May 28-July 1, 1881. [Sections 36-38, 
Chap. 113, Rev. Stat.] 

48. Directors a body politic and corporate — Name 
— Quorum— Liability. § 48. The directors of each district 
are hereby declared a body politic and corporate, by the name 

of "school directors of district No , township No , 

range. . . . , county of , and the State of Illinois," 

and by that name may sue and be sued in all courts and 
places whatever. Two (2) directors shall be a quorum for 
business. The directors shall be liable as directors for the 
balance due teachers, and for all debts legally contracted, {a) 

School for 110 days — Who may attend. They shall 
establish and keep in operation for at least one hundred and 
ten (110) days of actual teaching in each year, without reduc- 
tion by reason of closing schools upon legal holidays, or for 
any other cause, and longer if practicable, a sufficient number 
of free schools for the accommodation of all children in the 



SCHOOL LAWS AND DECISIONS. 115 

district over the age of six (6) and under twenty- one (21) years 
and shall secure to all such children the right and opportunity 
to an equal education in such free schools, (b) 

Rules and Regulations. They shall adopt and enforce 
all necessary rules and regulations for the management and 
government of the schools, and shall visit and inspect the same, 
from time to time, as the good of the schools may re- 
quire, (c) 

Appointment of teachers — Dismissal. They shall ap- 
point all teachers ;* fix the amount of their salaries, and may 
dismiss them for incompetency, cruelty, negligence, immorality, 
or other sufficient cause, (d) 

Pupils assigned to schools— Studies — Text books — 
Books for poor children — Pupils suspended or expell- 
ed — Four hours a day for children under 12. They 
shall have power to assign pupils to the several schools. They 
shall direct what branches of study shall be taught, and what 
text books and apparatus shall be used in the several schools, 
and strictly enforce uniformity of text books therein, but shall 
not permit text books to be changed oftener than once in four 
(4) years. They shall have power to purchase, at the expense 
of the district, a sufficient number of the text books used to 
supply children whose parents are not able to buy them. The 
text books bought for such purpose shall be loaned only; and 
the directors shall require the teacher to see that they are 
properly cared for and returned at the end of each term of 
school. They may suspend or expel pupils who may be guilty 
of gross disobedience or misconduct, and no action shall lie 
against them for sach expulsion or suspension ; and may pro- 
vide that children under twelve (12) years of age shall not be 
confined in school more than four (4) hours daily, (e) 

"Vote of people necessary in cases named—Site taken 
by condemnation. It shall not be lawful for a board of 
directors to purchase or locate a school house site, or to pur- 
chase, build, or move a school house, or to levy a tax to ex- 
tend schools beyond nine (9) months, without a vote of the 
people at an election called and conducted as required in the 
forty-second (42) section of this act ; a majority of the votes 
cast shall be necessary to authorize the directors to act: 
Provided, that if no one locality shall receive a majority of all the 
votes cast at such election, the directors may, if in their judg- 
ment the public interests require it, proceed to select a suitable 
school house site ; and the site so chosen by them shall, in 
such case, be legal and valid, the same as if it had been de- 
termined by a majority of the votes cast ; and the site so 
selected by either of the methods above provided shall be the 
school house site for such district ; and said district shall have 
the right to take the same for the purpose of a school house 
site, either with or without the owner's consent ; and in case 

Form No. 23. 



116 SCHOOL LAWS AND DECISIONS. 

the compensation to be paid for such site cannot, for any 
reason, be agreed upon or determined between the school di- 
rectors and the parties interested in the land taken for such 
site, then it shall be the duty of the directors of such district 
to proceed to have such compensation determined in the manner 
which may be at the time provided by law for the exercise of 
the right of eminent domain : Provided, that no tract of land 
lying outside the limits of any incorporated city or village, 
and lying within forty (40) rods of the dwelling house of the 
owner of the land, shall be taken for a school site without the 
owner's consent. (/) [June 3 — July 1, 1879; May 31 — July 1, 
1881.J 

(a) 1. The School Corporation, hoiv questioned — Its Purjioses. 
The legality of the existence of a district can be questioned in 
a direct proceeding only. [People v. Trustees, 111 111., 171.] 

The corporation here created, like the school township, is 
created solely for school purposes, as a part of the machinery 
necessary for the maintenance of a system of public schools. 
Paraphrasing a paragraph in The People v. Trustees, 78 111., 
136, the principle can be thus stated : The school districts 
were created and are continued for school purposes alone, and 
not for municipal purposes. They are only intended to estab- 
lish schools, and pay the teachers of schools taught in their 
jurisdiction. This is the purpose of their organization. They 
were not created to exercise any of the functions of govern- 
ment, and hence are not municipal in their nature or purpose, 
nor are they provided with the officers or the power to exer- 
cise the functions of government. Cities, towns and villages 
are endowed with such powers and are created and maintained 
for their exercise. Their very object is to aid in the govern- 
ment of the people. And such is true, in a more limited 
sense of counties. But none of these functions are conferred 
upon school districts : their creation is purely to aid in the 
great scheme of accomplishing universal education. 

2. Quorum — Liabilities. Upon a quorum, see Sec. 32, (a), 
2, and Sec. 42, (h). 

The liability of school directors for debts due teachers and 
others is a corporate, not an individual, liability; provided, 
always, that there is no corporate liability unless the debt has 
been legally contracted. 

3. Legal Contracts. That a debt be legally contracted by a 
school board these two things must concur : (1) The debt must 
be for a school purpose under the law. (2) The conditions 



SCHOOL LAWS AND DECISIONS. 117 

essential to empower directors to contract the debt must exist ; 
for instance, the board must be assembled in its corporate 
capacity; the person with whom they would contract to teach 
must have a valid certificate for the term of the proposed con- 
tract ; a vote of the people to build must precede a contract 
with a builder, etc. 

Since directors are a corporation, their acts and contracts 
are binding upon their successors. But one board may not, 
unnecessarily, make contracts which will extend beyond its 
term. [Stevenson v. Directors, 87 111., 255.] 

4. Directors not Liable personally . A contract made by the 
board in its official capacity does not bind the members per- 
sonally, even though they do not put their official title to their 
signatures. [Lyon v. Adamson, 7 la., 509; Harvey v. hnvin, 11 
la., 82.] 

{b) 1. Time to he taught. There may be no reduction from 
the one hundred and ten days of teaching required by the law. 
If the school is closed because of holidays [Sec. 54], or because 
of the institute [Sec. 114], or because some contagious disease 
prevails in the district, such days may not be counted to make 
the one hundred and ten. It will often happen that the teacher 
must be paid for days which may not be counted. [Sec. 54, 
note (b), 4.] 

The one hundred and ten days must be school days, and 
Saturdays, Sundays, and the holidays named in Sec. 54 are 
not school days. Hence if the school be taught on such a 
day, the day may not be counted. 

Neither may the obligation imposed by the words "more if 
practicable" be overlooked. One hundred and ten days is a 
minimum term ; nine months is none too long. There are 
very few districts in the state so poor that they can justly 
say they cannot keep up a school for so long a term. 

2. Number of Schools — Renting a House. Directors must 
establish a sufficient number of schools for the accommodation 
of all the children in the district between the ages of six and 
twenty-one years. It is the imperative duty of the directors 
to establish as many schools as the wants of their district 
require. If they should fail or refuse to do this, the inhabi- 
tants have a legal remedy. The language of the law is per- 
emptory : The directors "shall establish and keep in operation for 
at least one hundred and ten days in each year, a sufficient number 



118 SCHOOL LAWS AND DECISIONS. 

of free schools for the aocommodation of all the children in the 
district, over the age of six and under twenty- one years." 
They have no right to crowd fifty children into a house which 
can accommodate only thirty. If one school house is not suf- 
ficient, the directors must enlarge it, or must build another, 
and yet another, if necessary. In like manner, when the 
school house is inaccessible, or too remote for the convenience 
of all, it becomes the duty of the directors to provide a second 
house, so that all may be accommodated, as far as possible. 
It is true that directors may not purchase or locate a school 
site or build a school house thereon without a vote of the 
people. But if the people will not vote to build, the law is 
not nullified nor is the school board relieved of its duty to 
establish a school. It will be jastified in leasing and fitting 
up rooms for the school temporarily. [Millard v. Board of 
Education, 19 111., App. (19 Brad.), 48.] 

3. May use a House in another District. The temporary use 
of a school house situated beyond the limits of a particular 
district is not unlawful, or incompatible with the spirit and 
intent of the act, which is to afford the means of common 
school instruction to all children of lawful age. The necessity 
may arise by the destruction of their own house, or inability 
to erect a new one in season, or the need of more room, and 
in many other ways. In such cases, the school belongs to the 
district, to all intents and purposes. It is under the charge 
and control of the board, is subject to all the rules and reg- 
ulations established by the board, and is common to the entire 
district. [Grove v. School Inspectors, 20 111., 532,] 

4. Who may attend School. The persons to be accommodated 
are the children in the district over the age of six and under 
twenty-one years. Children under six are excluded. It is not 
considered that they are old enough to attend a public school. 

As a general rule, the residence of parents is the residence 
of their children. Boarding children in a district does not, of 
itself, entitle them to the benefits of the free school in said 
district. The mere temporary residence of a family in a dis- 
trict, solely to enjoy the benefits of the free schools, and with 
the intention of removal as soon as that purpose is accom- 
plished, does not entitle the children to the privileges of said 
schools. The removal of a portion of a family from the legal 
domicile to another district, in order to send to the free schools 



SCHOOL LAWS AND DECISIONS. 119 

thereof, does not confer the right to do so. As a general rule, 
the residence of their parents is the residence of employes ; 
hence the privilege of the free school in another district is not 
acquired by placing children temporarily at service in that 
district. This includes those who are placed in families to 
attend school and do chore-work for their board, etc. The 
most liberal policy is, however, recommended toward this class 
of children. The state has as much interest in their education 
as in that of the more favored; and, although not legally 
eligible to attend free, the directors should permit them to do 
so, when not inconsistent with the rights of others and the 
welfare of the school. Children who have been apprenticed, 
or adopted into a new family; or who have been placed per- 
manently in the care of others, with no intention of withdrawal ; 
or those over whom parents have relinquished all control from 
whatever cause ; or those who have no parents or guardians, 
or whose parents or guardians live in another state or country, 
and exercise no control over their children ; or those who have 
no permanent abode, but go from place to place in search of 
employment, and whose only home is where they find work 
— the children included in all the above classes are to be 
enumerated in the district where they live, and are entitled to 
all the rights and benefits of the free schools in said district. 
Boards of directors are authorized to decide all questions of 
residence in their respective districts. [In the matter of Wrigley, 
8 Wend. ,1^4:-, Ahington y. N. Bridgewater, 23 Pick., 170; Story's 
Conflict of Laws, Chap. 3.] 
For admission on a permit of transfer, see Sec. 35. (a) 
5. Admission on Payment for Tuition. The custom has 
grown up of admitting non-resident pupils and persons over 
twenty-one years upon payment of a tuition-fee. This custom 
is entirely outside the law ; and directors, in following it, may 
admit such pupils only when their admission will neither ex- 
clude, any who have a right to attend the school, nor in any 
manner abridge their school privileges. The tuition-fee charged 
should be a reasonable one ; and, inasmuch as the law does not 
provide for such a charge, directors should collect the fee in 
advance. 

Tuition-paying pupils are amenable to all the rules of the 
school, the same as are the other pupils, and are subject to 
the same control. [State v. Mizner, 45 la., 248.] 



120 SCHOOL LAWS AND DECISIONS. 

6. Children must have equal Privileges. The children of a 
district must be accorded equal privileges; i. e., there must 
be one rule for all and no discrimination against any. See» 
also, Sec. 105. 

7. Night Schools. For those persons, to be found in all 
large cities, who are still of school ages but have grown up 
without acquiring a common school education, and who cannot 
attend school during the usual hours because they are com- 
pelled to work in the daytime, the school boards may main- 
tain night schools. But this class of pupils only should be 
admitted to such schools. Children under fourteen or fifteen 
years of age should be required to attend the day schools, and 
those who are older should not be drawn away from the day 
schools if they can attend them ; the night school should not 
be permitted to become a rival of the day school. 

Persons over twenty-one years of age have no more claim 
to free instruction in a night than in a day school. 

(c) 1. Rules and Regulations, hy ivhom made and how. The 
power to make rules for the management of the school is pri- 
marily with the school board, and the teacher must comply 
with such rules so far as they relate to him, and must enforce 
such as, from his position as teacher, it naturally falls to him 
to enforce. [Jacksonville v. Akers, 11 111., Aj^p. (11 Brad,), 
393; Roherson v. Troutt, 17 111., App. (17 Brad.), 386.] 

All rules should be formally considered and adopted by the 
board and made a matter of record. They should also be 
published to the school. But an informal assent to rules by 
the board, and a failure to record them will not invalidate 
them. [Russell v. Lynnfleld, 116 Mass., 365.] 

If, however, the board has not made any rules, or has not 
made all that are necessary, the teacher may make rules or 
may exercise that authority which of right belongs to his 
position. 

"While the principal or teacher in charge of a public school 
is subordinate to the school board or board of education of his 
district or city, and must enforce rules and regulations adopted 
by the board for the government of the school, and execute all 
its lawful orders in that behalf, he does not derive all his 
power and authority in the school and over his pupils from the 
affirmative action of the board. He stands for the time being 
in loco parentis to his pupils, and, because of that relation, he 
must necessarily exercise authority over them in many things 



SCHOOL LAWS AND DECISIONS. 121 

concerning which the board may have remained silent," [State 
V. Burton, 45 Wis., 150; Sheehan v. SturgeB, 53 Conn., 481.] 

But it is not necessary that the school board or the teacher 
endeavor to provide a rule to fit every possible case of wrong 
doing in school. 

"In the school, as in the family, there exist on the part of the 
pupil the obligations of obedience to lawful commands, subor- 
dination, civil deportment, respect for the rights of other pupils,, 
and fidelity to duty. These obligations are inherent in any- 
proper school system, and constitute, so to speak, the common 
Jaw of the school. Every pupil is presumed to know this law, 
and is subject to it whether it has or has not been re-enacted 
by the district board in the form of written rules and regula- 
tions. Indeed, it would seem impossible to frame rales which 
would cover all cases of insubordination and all acts of vicious 
tendency which the teacher is liable to encounter daily and 
hourly." [State v. Burton, 45 Wis., 150.] 

2. Directors may not surrender Control to Others. No school 
can be conducted according to law that is not under the ex- 
clusive supervision of the directors. Consequently, no select- 
school, that is not under their jurisdiction, and not open alike 
to all the children in the district, is entitled to any of the 
school fund. Nor can school directors make any compromise 
with the trustees of a seminary, academy, or any private in- 
stitution, by which they agree to surrender any part of their 
legal jurisdiction and control of the school. It is a funda- 
mental requirement of the school law, that all schools estab- 
lished under it shall be subject to the exclusive direction and! 
control of a regularly elected board of school directors, and be 
perfectly free to all the children of lawful age in the district. 
No board of directors can surrender the management of their 
school to any protestant clergyman, or catholic priest, or to 
any other person or persons whatever. They would be per- 
sonally liable for so doing, and the school fund would be for- 
feited for the whole time that the school was controlled by- 
any persons besides the directors. A teacher who is interfered! 
with or dictated to in respect to the management of his. 
school, by any persons besides the directors, may regard such 
persons as intruders, and if necessary eject them from his 
premises. A school ceases to be a public school in the eye 
of the law, the moment that the control of it is assumed by 
any person or persons whatever except the directors. It may 
seem unnecessary to state these obvious truths, but instances 



122 SCHOOL LAWS AND DECISIONS. 

of flagrant disregard of them have occurred in the- state, and 
this exposition of the law in the case is made for the informa- 
tion and guidance of all concerned. 

3. Extent of the Poiver to make Rules. In Rulison v. Post, 
79 111., 567, the supreme court thus defines the power given 
school directors to make rules for the management and govern- 
ment of schools : 

"In the performance of their duty in carrying the law into 
effect, the directors may prescribe certain rules and regula- 
tions for the government of the schools in their district, and 
enforce them. They may, no doubt, classify the scholars, 
regulate their studies and their deportment, the hours to be 
taught, besides the performance of other duties necessary to 
promote the success and secure the well-being of such schools. 
But all such rules and regulations must be reasonable, and 
calculated to promote the objects of the law — the conferring of 
such an education upon all, free of charge. The law having 
conferred upon each child of proper age the right to be taught 
the enumerated branches, any rule or regulation which, by its 
enforcement, v/ould tend to hinder or deprive the child of this 
right can not be sustained. All rules must be adapted to the 
promotion and accomplishment of this great and paramount 
object of the law." 

4. Test of the Legality of Rules. The test questions to be 
•applied to all proposed rules are, first, are they "reasonable"? 
i. e., do they require the pupils to do that which they may 
properly do? and, second, are they "calculated to promote 
the objects of the law" in providing for the common school 
■education of the children of the state ? 

5. Decisions of the Courts u-pon certain Rules. "What are 
reasonable rules is a question of law, and we do not hesitate 
to declare that a rule that would bar the doors of the school 
house against little children who had come from so great a 
distance (one and one-half miles) in the cold winter, for no 
other reason than that they were a few minutes tardy, is un- 
reasonable and therefore unlawful. In its practical operation 
it amounts to little less than wanton cruelty." [Thompson v. 
Beaver, 63 111., 353.] 

In this case, however, the rule is condemned because of the 
evil which might follow its enforcement, and not because the 
object aimed at, prompt attendance, is not desirable ; for in 
another case the court says that school boards "may undoubt- 
edly require that there shall be prompt attendance, diligence 
in study and proper deportment." [Trustees of Schools v. The 
People,' 81 111., 303.] 



SCHOOL LAWS AND DECISIONS. 123 

Among the rules established by the board in a certain dis- 
trict was this : 

"All pupils will be required to bring written excuses from 
their parents to teachers for absence, and such excuses must 
be satisfactory and reasonable, otherwise they will not be granted." 

The court commented upon the rule as follows : 

"The rule in question is not a hard or harsh one. It does 
not of itself indicate any sinister or malevolent purpose, or 
wicked force, on the part of the directors. It does not trench 
upon the rights or dignity of any one. We instantly and 
properly repel any encroachment upon our rights as citizens. 
We have a proper pride and ambition in maintaining these 
rights under any and all circumstances. But I am utterly 
unable to understand how this simple rule or regulation, re- 
quiring the pupil in certain cases to bring a written excuse 
from its parents to the teacher, is an attack upon, or an 
abridgment of, our inalienable rights as citizens of this free 
country." [Churchill v. Feivkes, 13 111. App. (13 Brad.), 520.] 

In Wisconsin it has been held that pupils may not be re- 
quired to bring in fuel. 

"While from the necessity of the case much discretion must 
be left to these boards as to the nature of the rules which are 
prescribed, yet it can not fairly be claimed that the boards are 
uncontrolled in the exercise of their discretion and judgment 
npon the subject. The rules and regulations made must be 
reasonable and proper, or, in the language of the statute, 
'needful,' for the government, good order and efhciency of the 
schools — such as will best advance the pupils in their studies, 
tend to their education and mental improvement, and promote 
their interest and wellfare. But the rules and regulations 
must relate to these objects. The boards are not at liberty to 
adopt rules relating to other subjects according to their humor 
and fancy, and make a disobedience of such a rule by a pupil 
<;ause his suspension or expulsion. We therefore think the 
Tule or regulation requiring the pupil to bring up wood for use 
in the school-room was one which the board had no right to 
make and enforce." [State v. Board of Education, 63 Wis., 234.] 

In Iowa it has been held that a pupil may not be punished 
for an accidental and unintentional injury to school property 
and a failure to pay for the same. 

"By an accident, and without any evil purpose, he broke 
a window-glass. The rule requires him to pay the damage 
done, and in default thereof authorizes the directors to exclude 
him from the school. We may admit that he ought to pay 
the damages and is liable therefor. But we think his omis- 
sion to perform this duty cannot be punished by his expulsion 



124 SCHOOL LAWS AND DECISIONS. 

from the school. The state does not deprive its citizens of 
their property, or their liberty, or of any rights, except as a 
punishment for a crime. It would be very harsh aud obviously 
unjust to deprive a child of education for the reason that 
through accident and without intention of wrong he destroyed 
property of the school district. Doubtless a child may be 
expelled from school as a punishment for breach of disci- 
pline or for offenses against good morals, but not for inno- 
cent acts. 

"In this case the plaintiff was expelled, not because he broke 
the glass, but because he did not pay the damage sustained 
by the breaking. His default in this respect was no breach of 
good order or good morals. The rule requiring him to make 
payment is not intended to secure good order, but to enforce 
an obhgation to pay a sum of money. 

"We are clearly of opinion that the directors have no author- 
ity to promulgate or enforce such a rule." [Perkins v. Direct- 
ors, 56 la., 479.] 

6. Rules ivith reference to the Conduct of Pupils out of School 
Hours and away from School Premises. In Missouri it was held 
that a rule may be made by the school board forbidding pupils 
from fighting and using profane language on the way to and 
from school, and that, for a violation of such rule, a pupil 
may be punished. [Deskins v. Gose, 85 Mo., 4S5.] In some 
states decisions have been made which give the school author- 
ities some control over pupils and their conduct after they have 
been home from school. [Lander v. Seaver, 32 Vt., 120; Shu- 
man V. Charlestown, 8 Cush., 160.] But control of pupils when 
they are not on the school premises may be assumed for the 
sole purpose of protecting and promoting the welfare of the 
school. Cognizance may be taken, therefore, of such acts only 
as directly affect harmfully the discipline and teaching of the 
school. 

"It is not misbehavior generally or towards other persons, 
or even towards the master in matters in no way connected 
with or affecting the school. For as to such misconduct, com- 
mitted by the child after his return home from school, we 
think the parents, and they alone, have the power of punish- 
ment. The misbehavior must not have merely a remote and 
indirect tendency to injure the school. All improper conduct 
or language may perhaps have, by influence and example, a 
remote tendency of that kind. Bat the tendency of the acts 
so done out of the teacher's supervision, for which he may 
punish, must be direct and immediate in their bearing upon 
the welfare of the school, or the authority of the master and 
the respect due to him. 



SCHOOL LAWS AND DECISIONS. 125 

"Acts done to injure or deface the school-room, to destroy 
the books of scholars, or the books or apparatus for instruc- 
tion, or the instruments of punishment of the master ; language 
"used to other scholars to stir up disorder and insubordination, 
or to heap odium and disgrace upon the master; writings and 
pictures placed so as to suggest evil and corrupt language, 
images, and thoughts to the youth who frequent the school — 
all such or singular acts tend directly to impair the useful- 
ness of the school, the welfare of the scholars, and the authority 
of the master. By common consent and by the uniform 
custom in our New England schools, the master has always 
been deemed to have the right to punish such offences. • Such 
power is essential to the preservation of • order, decency, 
decorum, and good government in schools." [Lander v. 
Seaver, 32 Vt., 114.] 

To protect the peace and property of the neighborhood is 
the duty of the municipality and the state, not of the school 
authorities. Besides, for obvious reasons, the teacher can not 
readily direct and control the conduct of pupils when they 
are beyond his personal supervision, and, hence, the teacher 
and the school board should take upon themselves no more 
responsibility for the conduct of pupils when beyond their 
immediate jurisdiction than a due regard for the efficiency of 
the school demands. They should in no case usurp or in- 
terfere with the authority of parents and guardians to whose 
care and custody children are remitted when they are dismissed 
from school. [Dritt v. Snodgrass, 66 Mo., 286.] 

7. Tobacco in School. The school directors may make and 
enforce a rule forbiddiug the use of tobacco, in any form, in 
any school room or in any part of the school building. 

8. The Bible and Religious Exercises in Schools. It is of 
much importance that teachers, school officers and parents 
should have clear and well-defined views as to the use of the 
Bible and the practice of religious observances in the public 
schools. 

It should never be forgotten that the principles governing 
those concerned in public schools, established and maintained 
by the state, are, or may be, quite unlike those applicable to 
all other kinds of schools and institutions of learning in respect 
to the matters now under advisement. Private schools and 
institutions may be conducted in accordance with the opinions 
and wishes of their founders and teachers, or of the corpora- 
tions controlling them; public schools must be conducted in 



126 SCHOOL LAWS AND DECISIONS. 

harmony with the letter and spirit of the constitutions and 
laws of the respective states in which they are established. 
Hence the importance of defining as clearly as possible the 
boundaries within which the teachers and boards of control of 
the public schools may legitimately act — the criteria by which 
the lawfulness or unlawfulness, the propriety or impropriety, 
of particular rules and regulations and practices touching the 
matter in hand may be determined. 

In the first article of the amendments to the constitution of 
the United States, it is declared that "Congress shall make na 
laws respecting the establishment of religion, or prohibiting 
the free exercise thereof." 

It would seem to follow from this, that any state may estab- 
lish a religion, and cause the same to be taught in its schools ; 
for if congress can make no law respecting the establishment 
of religion, it can make no law prohibiting the establishment 
of it. It is entirely within the power of the several states,, 
therefore, to establish a religion for themselves or not, just as 
they may deem proper. It follows, also, that a state may es- 
tablish a religious test for teachers ; and this may be done for 
teachers of private as well as of public schools. Whether any- 
thing of this kind has been done is a question which can be 
answered only after a careful examination of the laws of the 
several states. While the article just quoted from the funda- 
mental law of the nation was a grand principle to incorporate 
in the constitution of a great country, yet it must be borne in 
mind that its effect is, to leave to the people of each state 
the power to make any law they may deem expedient, "re- 
specting an establishment of religion or prohibiting the free 
exercise thereof." Were it not for this reserved power, the law 
as to religion in schools could be explained in five minutes. 
Now, however, the explanation is not so easy. 

If the subject of religious or devotional exercises in the pub- 
lic schools were treated of or defined in the school laws of the 
state, we might assume that those laws were not inconsistent 
with the organic law of the commonwealth, and confine our- 
selves to a simple examination and interpretation of the intent 
and meaning of the statutes themselves. But the subject 
under advisement is not mentioned or in any manner referred 
to in the school laws of this state. But all the laws of a state 



SCHOOL LAWS AND DECISIONS. 127 

must be made and executed in accordance with the letter and 
spirit of its constitution, for that is the fundamental law, and 
contains the principles upon which the government of the state 
is founded. The subject in hand must, therefore, be viewed, 
and the boundaries of right and wrong determined in the light 
of the principles en*unciated in the organic law of the state. 
What are those principles ? In the second article of the con- 
stitution of Illinois it is asserted and declared as follows: 

"Section 3. The free exercise and enjoyment of religious 
profession and worship, without discrimination, shall forever 
be guaranteed ; and no person shall be denied any civil or 
political right, privilege or capacity, on account of his religious 
opinions ; * * * * no person shall be required to attend 
or support any ministry or place of worship against his con- 
sent, nor shall any preference be given by law to any religious 
denomination or mode of worship." 

Eelying upon the principles of religious liberty, and the 
rights of conscience, thus broadly and grandly promulgated in 
the fundamental law of the state, the legislature has never 
deemed it expedient or necessary to prescribe or define in the 
school laws, what particular acts, rules, or regulations would 
be in accordance with the letter and spirit of the constitution 
and what would be inconsistent therewith ; but has preferred, 
wisely it is believed, to leave teachers and school officers to 
conduct the schools of the state in such a v/ay, and to adopt 
such measures in respect to the moral and religious improve- 
ment of the pupils as to them may seem best, subject to the 
conditions and requirements of the fundamental law. 

Here is a rule of action as definite as it is practicable to 
make it, and yet comprehensive and flexible, perfectly adapted 
to the circumstances and sentiments of every school com- 
munity. The constitution of the state neither requires nor 
forbids the reading of the Bible, or prayer, or any other form 
of religious or devotional exercise in schools, and the school 
lavi^s are entirely silent on the subject. The spirit of the con- 
stitution in this regard is permissive, not mandatory, and the 
same spirit should actuate and control the conduct of teachers 
and school authorities. While the largest freedom is granted 
to both, they are yet both amenable in their action to the par- 
amount rule "that no human authority can, in any case what- 
ever, control or interfere with the rights of conscience." Not 
even the legislature could require of teachers, directors or 



128 SCHOOL LAWS AND DECISIONS. 

parents, anything in conflict with that declaration, or, if such 
a law were enacted, it would certainly be declared void by the 
supreme court. Much less can a board of directors require 
of a teacher, either by prohibition or command, anything that 
he can not conscientiously do ; and a like restriction rests 
upon the teacher in his dealings with *his pupils and their 
parents — other requirements may be enforced, but into the 
domain of conscience, none may enter. 

Guided by these principles, there need be no doubt as to the 
proper course to pursue in any given case. Whatever is en- 
joined or forbidden, in respect to religious concernments, by 
directors or teachers, must be subject to the emphatic declar- 
ation of the organic law touching the inviolability of conscience. 
Hence, while it is most fit and commendable for a teacher to 
■open his school by devoutly reading a brief portion of the 
Sacred Scriptures, and by humbly seeking the blessing of God 
in a few words of prayer, he may, nevertheless, decline to do 
so, if incompatible with the promptings of his conscience ; and 
for so declining he could not be discharged, or in any way 
molested, being warranted in his coarse by the fundamental 
law. Being a matter over which the directors have no author- 
itative control, they may signify their wishes to the teacher, but 
nothing more ; should they go further he may refuse to obey a 
command which they have no legal or moral right to enforce. 
And if, on the other hand, a teacher feels it to be his duty to 
read from the Bible, or offer prayer, at the opening of school, 
it is his privilege to do so, even if contrary to the wishes of 
the directors, and for so doing he can not be discharged or 
molested — it is a sacred personal right of which he cannot be 
deprived. And all of the scholars who choose, or whose 
parents approve, may be present and participate in the reading 
and worship. In the case, however, of such a conflict between 
the opinions and wishes of the teacher and directors, the lat- 
ter might, it is held, require that the moments of devotion be 
not taken from the regular school hours, but that the exercise 
be attended to either before school or after its close. The 
powers conferred upon directors, would seem to warrant their 
interference to the above extent, if they saw flt, but no further. 
It would remain for the teacher to judge in such a case, 
whether the interests of the school would best be subserved 
by insisting upon, or waiving his rights in the premises. 



SCHOOL LAWS AND DEfilSIONS. 129 

The same principles apply to pupils, and to their parents 
or guardians; their rights of conscience must be equally re- 
spected. No scholar can be required to read the Bible in 
school, as a religious exercise, or to attend prayer, or partici- 
pate in any other form of worship or devotion, contrary to 
the expressed wishes of his parent or guardian. If objection 
is made on the ground of "conscience," it is a right with 
which "no human authority can, in any case whatever, in- 
terfere." For the same reason, the children of Protestants 
<;an not be compelled to read from the Douay, or Catholic, 
version of the Bible, if their parents or guardians object; nor 
<3an the children of Catholics be forced to read from the 
common Protestant version, against the wishes of their parents 
or guardians. It follows, of course, that no pupil of any com- 
mon or public school in this state, can be expelled, suspend- 
ed, or otherwise punished, for declining to read the Bible, or 
any particular version thereof, as a religious exercise ; or for 
declining to engage or participate in, or be present at, any 
formal act or service of religious worship or devotion, if in so 
declining he acts in accordance with the intelligent convictions 
of his own conscience, or in compliance with the expressed 
desire of his parent or guardian. For, the right of directors 
and teachers to inflict penalties for the non-observance of their 
rules, is conditioned upon the legality or allowableness of the 
rules themselves. A school regulation not warranted by law, 
and that is contrary to the letter and spirit of the constitu- 
tion, can not be enforced. 

What has been said in respect to the bearings of the organic 
law upon the reserved rights of school directors, teachers, 
pupils, parents and guardians, in religious concernments, 
applies also to the character of the instructions given by 
teachers, and to the text-books, etc., used in the schools. The 
spirit of the constitution, and the nature and objects of the 
public school, alike require that these should be free from 
whatever might justly be deemed offensive to the particular 
denominational or sectarian tenets of any portion of the com- 
munity. That which can not be done directly should not be 
done indirectly. Neither directors nor teachers can obtrude 
or force their private doctrinal opinions upon the pupils. On 
these points, too, our school laws are written in blank ; but if 



130 SCHOOL LA.WS AND DECISIONS. 

the spirit of our fundamental law were embodied in statutory- 
form, it would doubtless adopt, substantially, the language of 
the school law of California, which asserts that "no books, 
tracts, papers, catechisms, or other publications of a sectarian 
or denominational character shall be used or distributed in 
any school, or shall be made a part of any school library ; 
neither shall any sectarian or denominational doctrine be 
taught therein." 

In respect to this whole matter, the voluntary principle is 
the only one that is either safe or warrantable. Probably not 
one school director, teacher, pupil, parent or guardian in a 
thousand, does or will object to the opening of school by 
reading from the Sacred Scriptures, with prayer, or some 
other simple and becoming religious exercise. But when ob- 
jection is conscientiously made to such acts and forms of 
worship in school, the opinions and wishes of the parents 
should be respected, and their children quietly excused from 
participating in the exercises. Such forbearance and charity 
is not only accordant with and required by the spirit of the- 
supreme law of the state, but is also infinitely more likely to 
soften prejudice, disarm opposition, and thus secure the end 
desired, than any attempt at coercive measures. A public 
school-room is not the proper forum for controversy in relig- 
ious matters, nor are schools or scholars ever benefited by 
such disputations. The history of such disputes in or about 
the public schools, whenever and wherever, they have taken 
place, is conclusive upon this point — it has ever been a history 
of strife and bitterness, from which manifold evils have result- 
ed, while no compensating advantages have been secured. 

This is an important subject. The endeavor has been tO' 
examine it carefully and impartially, and to define as clearly 
as possible the principles by which teachers and others should 
be governed in their practical dealings with this question. It 
is better that all concerned should know the law, and under- 
stand the limits within which it is their province to act in 
particular cases. The subject has been considered solely from 
an official stand-point, and in the light of constitutional and 
statute law, and the coiiclusiong reached are believed to be 
sound. Tlie object is not to deter teachers from reading the 
Scriptures and prayer in school, far from it, but simply to 



SCHOOL LAWS AND DECISIONS. 131 

state the grounds upon which the practice rests, and to indi- 
cate the line of duty when opposition is made. 

McCormick v, Burt, 95 111., 263, is sometimes quoted as 
authorizing a school board to compel pupils to pay attention 
to religious exercises at the beginning of school. But the 
supreme court in that case has not passed upon the rule 
under which the boy McCormick was suspended. The decision 
was simply that the school officers sued were not liable in 
damages, since the party complaining can have no action 
when such officers act in good faith and in the line of what 
they think is honestly their duty. 

9. Enforcement of Mules. The law says that the board may 
enforce its rules, but is silent as to the means by which they 
may be enforced, except in providing for suspension and ex- 
pulsion in certain cases named. [See Note (e) heloiv], and no 
case relating to any other form of punishment in public 
schools has ever been carried to an appellate court or the 
supreme court in this state. But it is absolutely necessary 
that good order be maintained in the school and that the 
pupils obey promptly all rules and commands. Hence arises 
the right to coerce obedience by the use of reasonable means. 
The right to make rules, as we have seen, rests primarily, 
under the law, with the school board; so, too, in the school 
board is vested the power to enforce its rules. But the teacher 
represents the school board in the school room, and upon him 
necessarily falls the duty of governing the school and execut- 
ing the orders of the board; such power naturally belongs to 
his position. 

10. Corporal Punishment — Some Decisions of the Courts. The 
following summary of cases will give an idea of what has been 
held with reference to corporal punishment in schools by courts 
of last resort in other states. 

"The right of the parent to keep the child in order and obe- 
dience is secured by the common law. He may lawfully cor- 
rect his child, being under age, in a reasonable manner, for 
this is for the benefit of his education. He may delegate, also, 
a part of his parental authority, during his life, to the tutor 
or schoolmaster of his child, who is then in loco parentis, and 
has such portion of the power of the parent committed to his 
charge — viz : that of restraint and correction — as may be neces- 
sary to answer the purpose for which he is employed. [1 Black. 
Com., 453, 454; 1 Hale's P. C, 473, 474.] 'The rights of 
parents [over their children] result from their duties. As they 



132 SCHOOL LAWS AND DECISIONS. 

are bound to maintain and educate their children, the law has 
given them the right to such authority ; and, in support of 
that authority, a right to the exercise of such discipline as may 
be requisite for, the discharge of their sacred trust.' 'The 
power allowed by law to the parent over the person of the 
child may be delegated to a tutor or instructor, the better to 
accomplish the purposes of education.' [2 Kent's Com., 169, 
170.] Although the town school is instituted by the authority 
of the statute, the children are to be considered as put in 
charge of the instructor for the same purpose, and he clothed 
with the same power as when he is directly employed by the 
parents. The power of the parent to restrain and coerce obe- 
dience in children can not be doubted, and it has seldom or 
never been denied. The power delegated to the master by the 
parent must be accompanied for the time being with the same 
right, as incidental, or the object sought must fail of accom- 
plishment. 

"The practice, which has generally prevailed in our town 
schools since the settlement of the country, has been in accord- 
ance with the law thus expressed, and resort has been had to 
personal chastisement when milder means of restraint have 
been unavailing." [Stevens v. Fassett, 27 Me., 266.] 

"The law having elevated the teacher to the place of the 
parent, if he is still to sustain that sacred relation, it becomes 
him to be careful in the exercise of his authority, and not 
make his power a pretext for cruelty and oppression. [14 Johns 
R. 119.] Whenever he undertakes to exercise it, the cause 
must be sufficient, the instrument suitable to the purpose ; the 
manner and extent of the correction, the part of the person to 
which it is applied, the temper in which it is inflicted, all should 
be distinguished with the kindness, prudence and propriety which 
become the station." [Cooper v. McJunHn, 4 Ind., 291.] 

"The law, as we deem it to exist, is this : A schoolmaster 
has the right to inflict reasonable corporal punishment. He 
must exercise reasonable judgment and discretion in determin- 
ing when to punish, and to what extent. In determining upon 
what is a reasonable punishment various considerations must 
be regarded — the nature of the offence, the apparent motive 
and disposition of the offender, the influence of his example 
and conduct upon others, and the sex, age, size and strength 
of the pupil to be punished. Among reasonable persons much 
difference prevails as to the circumstances which will justify 
the infliction of punishment, and the extent to which it may 
properly be administered. On account of this difference of 
opinion, and the difficulty which exists in determining what is 
a reasonable punishment, and the advantage which the master 
has by being on the spot to know all the circumstances — the 
manner, looks, tone, gestures, and language of the offender 
(which are not always easily described) and thus to form a 



SCHOOL LAWS AND DECISIONS. 133 

correct opinion as to the necessity and extent of the punish- 
ment, considerable allowance should be made to the teacher 
by way of protecting him in the exercise of his discretion. 
Especially should he have this indulgence when he appears to 
have acted from good motives and not from anger or malice. 
Hence the teacher is not to be held liable on the ground of 
excess of punishment unless the punishment is clearly excess- 
ive, and would be so held in the general judgment of reason- 
able men. If the punishment be thus clearly excessive, then 
the master should be held liable for such excess, though he 
acted from good motives in inflicting the punishment, and in 
his own judgment considered it necessary and not excessive. 
But if there is any reasonable doubt whether the punishment 
was excessive, the master should have the benefit of the doubt." 
[Lander v. Seaver, 32 Yt., 114.] 

In State v. Mizner, 50 la., 145, the supreme court approved 
the following instructions: 

"In the absence of all proof, the law presumes that a father 
or school teacher punishes a child of the father or the pupil of 
the teacher for a reasonable cause and in a moderate and 
reasonable manner. But this presumption, like all other legal 
presumptions, may be rebutted by the proof." 

"The legal objects and purposes of punishment in schools 
are like the objects and purposes of the state in punishing the 
citizen. They are thieefold : First, the reformation and the 
highest good of the pupil ; second, the enforcement and main- 
tenance of correct discipline in school ; and third, as an ex- 
ample to like evil-doers. And in no case can the punishment 
be justifiable unless it is inflicted for some definite offence or 
offences which the pupil has committed, and the pupil is given 
to understand what he or she is being punished for. And if 
you find from the evidence that the punishment in this case 
was inflicted upon the prosecutrix without her knowing what 
she was being punished for, then the punishment was wrong- 
ful on the part of the defendant. Punishment inflicted when 
the reason of it is unknown to the punished, is subversive and 
not promotive of the true objects of punishment, and cannot be 
justified." 

It was also held that any punishment with a rod which left 
marks or welts on the person of the pupil for two months 
afterward, or much less time, was immoderate and excessive, 
and that the court would have been justified in so instructing the 
jury. In this case the pupil was punished by the teacher be- 
cause, acting under the direction of her father, she did not 
study Algebra or attend school at the hours fixed. The court 
held that such a violation of rules should be punished by sus- 
pension or expulsion and not by whipping. 



134 SCHOOL LAWS AND DECISIONS. 

"We hold, therefore, that it may be laid down as a general 
Tule, that teachers exceed the limits of their authority when 
they cause lasting mischief; but act within the limits of it 
when they inflict temporary pain. 

"Within the sphere of this authority the master is the judge 
when correction is required, and of the degree of correction 
necessary; and, like all others intrusted with a discretion, he 
can not be made personally responsible for error of judgment, 
but only for wickedness of purpose. 

"But the master may be punishable when he does not trans- 
cend the powers granted, if he grossly abuse them. If he use 
his authority as a cover for malice, and, under pretence of 
administering correction, gratify his own bad passions, the 
mask of the judge shall be taken off, and he will stand amen- 
able to justice as an individual not invested with judicial 
power." [State v. Pendergrass, 2 Dev. & Bat., 365.] 

"If, in inflicting punishment upon his pupil, he went beyond 
the limit of moderate castigation, and, either in the mode or 
degree of correction, was guilty of any unreasonable and dis- 
proportionate violence or force, he was clearly liable for such 
excess in a criminal prosecution, [1 Hawk. c. 60, § 23; Rus- 
sell on Crimes, (7th Amer. Ed.), 755; Bac. Ah. Assault and 
Battery, C] It is undoubtedly true that, in order to support 
an indictment for an assault and battery, it is necessary to 
show that it was committed ex intentione, and that if the 
criminal intent is wanting the offense is not made out. But 
this intent is always inferred from the unlawful act. The un- 
reasonable and excessive use of force on the person of another 
being proved, the wrongful intent is a necessary and legitimate 
conclusion in all cases where the act was designedly committed. 
It then becomes an assault and battery, because purposely in- 
flicted without justification or excuse. Whether, under all the 
facts, the punishment of the pupil is excessive, must be left to 
the jury." [Commonwealth v. Randall, 4 Gray, 36.] 

"In inflicting such punishment the teacher must exercise 
sound discretion and judgment, and must adapt it not only to 
the offense but to the offender. Horace Mann, a high author- 
ity in the matter of schools, says of corporal punishment : 'It 
should be reserved for baser faults. It is a coarse remedy, 
and should be employed upon the coarse sins of our animal 
nature, and, when employed at all, should be administered in 
strong doses.' Of course the teacher, in inflicting such pun- 
ishment, must not exceed the bounds of moderation. No pre- 
cise rule can be laid down as to what shall be considered ex- 
cessive or unreasonable punishment, [Reeve's Dam. Rel., 288.] 
Each case must depend upon its own circumstances. And we 
think it equally clear that he should also take into considera- 
tion the mental and moral qualities of the pupil, and, as indie- 



SCHOOL LAWS AND DECISIONS. 135 

:ative of these, his general behavior in school and his attitude 
towards his teacher become proper subjects of consideration. 

"We think, therefore, that the court acted properly in ad- 
mitting evidence of the prior and habitual misconduct of the 
plaintiff, and that it was perfectly proper for the defendant, in 
chastising him, to consider not merely the immediate offense 
which had called for the punishment, but the past offenses 
that aggravated the present one, and showed the plaintiff" to 
have been habitually refractory and disobedient. Nor was it 
necessary that the teacher should, at the time of inflicting the 
punishment, remind the pupil of his past and accumulating 
offenses. The pupil knew them well enough, without having 
them freshly brought to his notice." [Sheehan v. Sturges, 53 
Conn., 481.] 

If a pupil who is of age attends school, she submits herself 
to all the rules of the school and to like discipline with those 
pupils who are under age. [State v. Mizner, 45 la., 248.] The 
same rule holds if the pupil is over twenty- one years of age 
and attends the school by consent of the directors. [Stevens v. 
Fassett, 27 Me., 266.] 

In Feck V. Smith, 41 Conn., 442, the judge held that a mem- 
ber of a school board may eject a pupil from the school house 
for insulting conduct towards him : 

"The defendant, being at the school house performing certain 
duties connected with the school, called the attention of the 
plaintiff to certain acts, not specially culpable in character, 
which he acknowledged he had committed. His bearing and 
manner were insolent and offensive, and the language in which 
he indulged was grossly profane. Such language, reprehensi- 
ble at all times, should not have been allowed to pass with 
impunity from a school boy of the older class, within the walls 
of a school house, in the presence and hearing of younger pu- 
pils. After being told to leave, he so conducted that it was 
proper to remove him, no unnecessary force being used to at- 
tain that object." 

"It may be proper to observe, however, that public senti- 
ment does not now tolerate such corporal punishment of pupils 
as was formerly thought permissible and even necessary." 
[1 Cooley's Blackstone, 453.] 

11. Rule which should control the Teacher in inflicting Punish- 
ment. The opinions of the highest judicial tribunals and emi- 
nent jurists concur in respect to the propriety and necessity 
of granting. school teachers authority to inflict corporal punish- 
ment in certain cases, and of protecting them in the prudent 
and reasonable exercise of such authority either to promote 
the welfare of the child or the welfare of the whole school. 



136 SCHOOL LAWS AND DECISIONS. 

Teachers are, however, held to a just accountability for the 
abuse of the power conferred. The decisions cited relate ta 
punishments with the rod, ferule, etc., but the rule of discre- 
tion and accountability is the same for all other forms of 
punishment. Without doubt the best teachers do, as a general 
rule, use the rod the least, because they have a more perfect 
personal discipline, and command a wider range of mental and 
moral resource from which to draw in dealing with the way- 
ward and erring ; and because they have, by nature, the faculty 
of dealing easily and successfully with youth. It may be that 
if we all were wise enough, some other remedy might be found 
in every case, I can not say. But it is quite certain that, so 
far as we can judge of cause and effect, cases arise at one 
time or another in the experience of most teachers, when the 
timely and judicious infliction of corporal punishment seems 
both at the time and afterwards, the wisest and best thing that 
could be done. Certain it is, also, that castigation with the 
rod is often less cruel than sharp words, tones of irony, sar- 
casm or invective, and less humiliating and harmful than 
some of the substitutes therefor. 

12. Liahilitt) of Directors and Teachers in Making and En- 
forcing Rules. "In the performance of the duties imposed by 
law upon school directors they must exercise judgment and dis- 
cretion. What rules and regulations will best promote the in- 
terests of the school under their immediate control, and what 
branches shall be taught and what text- books shall be used, 
are matters left to the determination of the directors and must 
be settled by them from the best lights they can obtain from 
any source, keeping always in view the highest good of the 
whole school. Good order can only be maintained by en- 
forcing discipline, and that power is largely committed to the 
directors. 

"In such cases the law seems to be well settled that there 
can be no action maintained against school officers when they 
act without malice. 

"The rule is certainly a reasonable one. A mere mistake in 
judgment, either as to their duties under the law or as to 
facts submitted to them, ought not to subject such officers to 
an action. They may judge wrongly, and so may a court or 
other tribunal, but the party complaining can have no action 
when such officers act in good faith and in the line of what 
they think is honestly their duty. Any other rule might work 
great hardship to honest men who, with the best of motives, 
have faithfully endeavored to perform the duties of these in- 
ferior offices. Although of the utmost importance to the pub- 
lic, no considerable emoluments are attached to these minor 



SCHOOL LAWS AND DECISIONS. 137 

offices, and the duties are usually performed by persons sin- 
cerely desiring to do good for their neighbors, without any 
expectation of personal gains, and it would be a very harsh 
rule that would subject such officers to an action for damages 
for every mistake they may make in the honest and faithful 
discharge of their official duties as they understand them. It 
is not enough to aver the action of such officers was erroneous, 
but it must be averred and proved that such action was taken 
in bad faith, either wantonly or maliciously. If, in the dis- 
charge of their official duties, such officers simply err, it is 
what other tribunals invested with discretionary powers are 
liable to do. [McCormick v, Burt, 95 111., 263 ; Churchill v. 
Feiukes, 13 111. App. (13 Brad.), 520.] 

But when directors and the teacher do not act within the 
scope of their authority, or are guilty of arbitrary, wanton or 
oppressive conduct, they render themselves liable personally. 
[RuUsoii V. Post, 79 III., 567; McCutchen v. Windsor, 55 Mo., 
149.] 

13. Visitatio7z of Schools by Directors. As to directors' powers 
in respect to visitation : 

"Should any scholar misbehave himself, or prove refractory 
or contumacious to the committee, while they are engaged in ex- 
amining the school, it is presumed they have authority to sus- 
pend, expel, or to punish on the spot, in the same way that the 
teacher may do in case of like misconduct committed against 
himself." [Horace Mann, Sec. Mass. Board of Education, 10th 
Rep., 183; State v. Williams, 27 Yt., 755; Peck v. Smith, 41 
Conn., 442.] 

{d) 1. A Teacher mast he employed by the School Board. 
The board of directors as a corporate body must act in the 
employment of a teacher. [Directors v. Jennings, 10 111. App. 
(10 Brad.), 643.] 

2. The Teacher must have a Certificate for the whole Term of 
the Contract. The employment will not be valid unless the 
teacher holds at the time of making a contract such a certifi- 
cate of qualifications as the law requires, good for the term of 
the contract. Getting a certificate subsequently will not make 
the contract valid. [Stevenson v. Directors, 87 111., 255 ; Davis 
V. Directors, 92 111., 293; Butler v. Haines, 79 Ind., 575.] 

Formerly it was essential to the validity of a contract that 
the teacher should actually exhibit his certificate to the direct- 
ors at the time of making the contract. Now it is essential 
that he have a certificate, as above ; but a failure to exhibit 
it to the directors does not invalidate the contract. 
—9 



138 SCHOOL LA.WS AND DECISIONS. 

3. The Provisions of the Law and Rides of the Board a Part 
of the Contract. Both the school board and the teacher are 
bound by the provisions of the law as to their respective 
duties, and the rules of the board may be made a part of the 
contract. For instance, the law requires the teacher to keep 
a register; it makes it the duty of the board to pay the 
teacher each month. A rule of the board may give it the 
power to assign the teacher to any school. [Jacksonville v. 
Akers, 11 111., App., (11 Brad.), 393; Roberson v, Troutt, 17 
111., App., (17 Brad.), 386; Everett v. District, 30 Mich., 249.] 

4. When is a Contract Complete ? A contract is not com- 
plete without the consent of both parties. A vote by a school 
board to employ a person to teach does not bind the board 
until it has been communicated to, and accepted by him. Up 
to the time of acceptance the board may reconsider its vote. 
In the same way a person offering to teach is not bound 
until the school board has accepted his offer. A contract may 
be completed by mailing a letter or sending a telegram of 
acceptance. [Haas v. Myers, 111 111., 421 ; Kal. Nov. Mfg. 
Co. V. Macalister, 40 Mich., 84; Pollock on Contracts, p. 8.] 

5. Personal Services Contracted for — Assistant — Substitute. 
The contract with a teacher is for his own services. The 
school board must itself employ all teachers, and may not con- 
tract with a teacher whom it has employed to supply his own 
assistant or substitute. [Directors v. Hudson, 88 111., 563 ; 
State V. Williams, £9 Ohio, S., 161.] 

"A teacher doubtless, like a lawyer, surgeon, or physician, 
when he undertakes an employment, impliedly agrees that he 
will bestow upon the service a reasonable degree of learning, 
skill, and care. When he accepts an employment as teacher 
in any given school, he agrees by implication that he has the 
learning necessary to enable him to teach the branches that 
are to be taught therein, as well as that he has the capacity 
in a reasonable degree of imparting that learning to others. 
He agrees, also, that he will exercise a reasonable degree of 
care and diligence in the advancement of his pupils in their 
studies, in preserving harmony, order, and discipline in the 
school, and that he will himself conform as near as may be 
to such reasonable rules and regulations as may be established 
by competent authority for the government of the school. He 
also agrees, as we think, by a necessary implication, that 
while he continues in such employment his moral conduct 
shall be in all respects exemplary and beyond just reproach." , 
[Crawfordsville v. Hays, 42 Ind., 200.] 



SCHOOL LAWS AND DECISIONS. 139 

6. Contract with a Minor. A person who is a minor may 
contract to teach a school with the consent of his parent or 
guardian. [ Monaghayi v. District, 38 Wis., lOO.J If a minor 
contracts for himself with the consent of his parent, or when 
he has been "given his time" or left to "do for himself," his 
wages may be paid to him. 

A teacher who is a minor may abandon his contract and re- 
cover for the time he has taught. [Schouler on Domestic Rela- 
tions, § 561.] 

7. Abandoning a Contract — Resignation. But a teacher who 
is of age, having agreed to teach for a definite term, cannot 
recover for services rendered if he quits before the close of the 
term. [Clark v. District, 29 Vt., 217.] 

The same rule applies to resignations : the teacher cannot 
resign at will. Parties to a contract are bound by its terms. 

8. School closed by Directors. On the other hand, if the 
board of directors fails to do, or does anything which results 
in closing the school for any length of time during a school 
term, the teacher's pay goes on the same as if he had taught, 
provided he holds himself ready to comply with his contract 
and subject to the order of the board. This rule applies in 
cases where the board fails to have repairs made upon the 
school house by the time the term was to begin, according to 
the contract ; where the directors fail to furnish fuel in the 
winter season, etc. The most common case is the closing the 
school by the directors on account of the presence of some 
epidemic or contagious disease in the vicinity. [Deivey v. Dis- 
trict, 43 Mich., 4.80.] 

9. Employment of Teacher for current Year — Not for the Next 
Year. Contracts with teachers for terms of school to begin 
after the annual school election, should not be made by the 
board prior to that election. But contracts may be made for 
terms beginning before, and continuing for a reasonable time 
after the election. For example, a contract made in ]\lareh for 
a term to begin the first of IMay or the first of September, is 
not lawful ; but a contract made in June for a term of nine or 
ten months, beginning September first, is lawful ; so, too, when 
it is desired to have a summer term of two or three months 
begin April first, such a contract will be valid. [Stevenson v. 
Directors, 87 111., 255; Davis v. Directors, 92 111., 293.] 



140 SCHOOL LAWS AND DECISIONS. 

10. No Contract between Teacher and Pupil. There is no con- 
tract between a teacher and his pupil such as to give the pupil 
a right of action against the teacher for not hearing his les- 
sons. The teacher contracts with the school board alone. 
[Stuckey v. Churchman, 2 111., App. (2 Brad.), 584; Spear v. Cmn- 
mings, 23 Pick., 224.] 

11. Teachers Amenable to Directors only. Teachers are 
answerable to the directors only, for their conduct while in the- 
employ of the board. They must faithfully carry out the 
wishes and instructions of the directors in all matters pertain- 
ing to the management and discipline of the school, text-books 
used, branches taught, and whatever relates to the general 
policy of the school ; and for so doing they cannot be called 
to an account by the inhabitants of the district, but are amen- 
able only to the board. 

12. Teachers not required to make Fires, Sweep, etc. The 
teacher may not be required to do janitor work unless he has 
agreed so to do in making his contract with the board of di- 
rectors. Such services do not form a part of his duty as a 
teacher. [See, also, Sec. 39, 7iote (b), 8 and 9.] But he may 
properly be required to exercise a due care and supervision 
over the school premises, furniture, apparatus and library ; for 
this is clearly stated in section fifty-two of the law, and in the 
directors' certificate attached to the schedule in section fifty- 
three of the law. 

13. Written Contracts. School boards and teachers should 
make written contracts. Considerations of ordinary business 
prudence should prompt them to do this. Neglect of this pre- 
caution has led to much mutual misunderstanding and annoy- 
ance, and often resulted in the loss of a part, or even the whole 
of the wages due. It is in all respects better for both parties 
that such contracts should be made, of which each party should 
retain a copy. All of the points about which differences would 
be likely to arise, such as the amount of salary, length of time,, 
etc, should be plainly set forth in such agreements. The lan- 
guage of the contract must express the exact intention of the 
parties ; for while the rule of the law is to give effect to the 
intention, yet if the language is unequivocal it will govern, 
although it fail to express the real intention of the parties. 
[Benjamin v. McConnell, 4 Gilman, 536.] 



SCHOOL LAWS AND DECISIONS. 141 

14. Effect of Revocation of Certificate. If a teacher's certifi- 
-cate is revoked while he is under contract to teach, the con- 
tract is made void by the revocation from the date thereof. 

15. Directors Responsible, not the People. Directors are clothed 
with authority to appoint teachers, and regulate the internal 
affairs of the school in accordance with their own best judg- 
ment. It is presumed, of course, that in the exercise of this 
authority, they will act with due regard to the opinions and 
wishes of the people of the district, whose agents they are. 
But the directors, not the citizens at large, are legally account- 
able for the control and management of the school. When- 
ever, therefore, a difference of opinion arises between the di- 
rectors and citizens, in respect to the choice of a teacher, or 
any other question of school policy, the directors have full 
power to decide the points in controversy, and it is their duty 
to do so according to their own best judgment and discretion, 
amenable only to the provisions of the school law of the state, 
from which all their official powers are derived. 

16. Dismissal of Teacher — Illinois Cases. The few cases in 
relation to the dismissal of teachers by school boards which 
have been before our supreme and appellate courts, have es- 
tablished these points: When a board of directors dismiss a 
teacher,they must be careful to see that every essential reason 
therefor is spread upon the record ; for while failure to specify, 
in the record, any reasons for the order of dismissal is not 
conclusive upon the teacher, leaving the directors to prove the 
facts they allege in the order, precisely as if it had not been 
made, it is, nevertheless, binding upon the directors, and estops 
them from showing any other or different causes. [Neville v. 
Directors, 36 111., 71.] 

The possession by a teacher of a proper certificate of quali- 
iication is 2^fima facie evidence of competency, and directors in 
dismissing such a teacher for incompetency assume the burden 
of proving their charge. [Ibid.] 

In considering the grounds upon which a teacher may be 
discharged for incompetency or neglect of duty, it is held that 
the law does not require the highest possible qualifications, 
or the possession of professional talents equal to the most 
eminent and successful teachers, but only fair attainments and 
ability, and the usual diligence and application to the dis- 
charge of his duties, to fulfill his contract. [Ibid.] 



142 SCHOOL LAWS AND DECISIONS. 

A.n illegal discharge entitles the teacher to recover damages. 
[IbicL] 

A discharge makes it impossible for a teacher to keep a 
schedule subsequent thereto ; hence in suing for wages for the 
time he was engaged to teach, but from which he was barred 
by a discharge without cause, he need not aver that he kept a 
schedule in accordance with the provisions of the statute. 
[Directors v. Reddick, 77 111., 628.] 

If a teacher, without the consent and against the order of 
the board, leave his school to a substitute, he may be dis- 
missed even though it be shown that the substitute was com- 
petent. [Directors v. Hudson, 88 111., 563.] 

Failure to comply with and enforce reasonable rules is a 
sufficient ground for the dismissal of a teacher, whether the 
failure result from negligence or from positive refusal. [Roher- 
son V. Troutt, 17 111. App. (17 Brad.), 386.] 

In a case in which the directors are sustained in annulling 
a contract with a teacher, before he began teaching, on a 
charge of immorality, the court says : 

"Ability to teach the branches prescribed does not alone 
qualify a person to teach our youth. In addition thereto, they 
should be persons who, for their known virtue and morality, 
are fitted to be trusted with the dearest treasures of the father 
and mother — the person and mind of their child. They should 
be entitled to and receive the entire confidence of the patron 
and pupil. If suspicion of vice or immorality be once enter- 
tained against a teacher, his influence for good is gone. The 
parents become distrustful, the pupils contemptuous, and the 
school discipline essential to success is at an end." [Tingley 
V. Vaughn, 17 ID. App. (17 Brad.), 347.] 

17. Mode of Dismissal. The board does not sit as a court 
when it is considering the question of discharging a teacher; 
and so, while it is bound to treat the teacher fairly, there 
need be no formal summons, and no particular order of hear- 
ing the case as in a court. [People v. Mays, 117 111., 257; 
District v. McCoy, 30 Kas., 268.] 

(e) 1. Assignment of Pupils to Schools. In districts where 
there are two or more school houses, the directors have full 
power to prescribe and determine to which house each pupil 
of the district shall be permitted to go. It is a matter clearly 
within the official jurisdiction and control of the directors, and 
for their action in the premises they can not be called to ac- 



SCHOOL LAWS AND DECISIONS. 143 

count, except for wanton abuse of the powers conferred upon 
them by law. But see note (b), 6, above. 

2. Branches of Study. The last sentence of Sec. 50 says : 
"Every school established under the provisions of this act shall 
be for the instruction in the branches of education prescribed 
in the qualifications for teachers, and in such other branches 
including vocal music and drawing, as the directors or the 
voters of the district, at the annual election of directors, may 
prescribe." This and the clause of Sec. 48, "they shall direct 
what branches of study shall be taught" must be construed 
together. The purpose of the law is that in every school dis- 
trict every school child, as he becomes fitted therefor, shall 
have the privilege of receiving instruction in the several branches 
named in Sec. 50, in the qualifications for a teacher's certificate 
of the first grade. This alone will satisfy the law; neither the 
directors, the teacher nor the people can exclude any branches 
specified in the act. 

3. School Board to make a Course of Study — To classify 
Pupils. The power of the school board in the premises is, 
then, to determine the order in which the studies required to 
be taught shall be taken up, what time shall be given to each, 
and, if it be impracticable or undesirable to have all the 
branches taught in one term, as it may well be in a country 
school, to determine also what branches shall not be taught 
for the term. In a word,, the school board of each school 
should arrange a course of study so that each branch may 
come in its natural order, and so that every pupil may have 
the opportunity afforded to pursue them all during his school 
years. If other higher branches are added to the course, each 
must be given its appropriate place and time. 

The board may classify the pupils with regard to the branches 
of study they are respectively pursuing, and with regard to 
proficiency or degree of advancement in the same branches, 

4. Choice of Studies by Pupils. The rights of pupils in re- 
gard to selecting studies, as determined in this state, may be 
presented thus : 

(1) Pupils can study no branch which is not in the course 
prescribed by the directors. 

(2) Pupils can study no branch of such prescribed course 
for which they are not prepared ; of which preparation the 
teachers and directors shall ]udge. 



144 SCHOOL LAWS AND DECISIONS. 

(3) Pupils shall study the particular branches of the pre- 
scribed course which the teachers, with consent of the directors, 
shall direct, unless honest objection is made by the parents, 

(4) If objection is made in good faith, parents shall be 
allowed to select from the particular branches of the prescribed 
course for which their children are fitted, those which they 
wish them to study; and for the exercise of such right of 
choice the children shall not be liable to suspension or ex- 
pulsion. 

If a pupil desiring admission to the high school is qualified 
to pursue every branch of study which he wishes to pursue, 
he may not be refused admission, because he cannot pass the 
required entrance examination in some branch in no manner 
connected with those he wishes to study. [State Superintendent 
Bateman's Report, 1873-4, 33; Rulison v. Post, 79 111., 567; 
Trustees v. People, 87 111., 303; Morrow v. Wood, 35 Wis., 59.], 

5. Effect of " Compidsory" Law. The foregoing decisions were 
rendered before the passage of our ''compulsory education" 
law, Sec. 101 ; and they must, doubtless, be modified so as not, 
in any particular case, to defeat that law. 

6. Declamation and Composition. In addition to the regular 
course of study which it is the duty of every board of 
directors to prescribe, there are certain general exercises in 
which it is customary to require the more advanced pupils in 
public schools to participate. Among such general school ex- 
ercises may be mentioned the writing of "compositions," the 
recitation or declamation cf short pieces of prose or poetry. 
That boards of directors, acting as they believe for the best 
interests of the schools, may, in their discretion, require pupils 
to engage and take part in such exercises, can hardly admit 
'Of a doubt. And if this is so, if the right is conceded, the 
■authority to enforce obedience, by all lawful means, must also 
1)6 conceded. It is therefore held that when such general ex- 
ercises as composition-writing, declamation, etc., are enjoined, 
all the pupils included in the requirement must comply with 
the regulations made and established in respect thereto, unless 
duly excused therefrom. 

It is further held that pupils cannot be excused from such 
exercises, whether at their own request or that of their parents 
or guardians, without the consent of the board. The case in 
hand does not fall within the scope of the principles laid down 



SCHOOL LAWS AND DECISIONS. 145 

above, nor can the qualified right of choice in studies there 
granted, be plead in justification of refusal to comply with the 
regulations of the board in regard to declamation and compo- 
sition-writing. Nor is this a distinction without a difference, 
as might at first view appear; because a regular daily study, 
and a brief general exercise, occurring only at intervals of from 
one to four weeks, are very different things — so different that 
the considerations applicable to the one do not apply to the 
other at all. 

7. Uniformity of Text-Books. By "uniformity of text-books" 
is meant that the pupils of the same grade or class who are 
pursuing the same study must all have for that study books 
which are alike. That is, pupils in the first-reader class must 
have the same First Eeader ; and pupils in the fifth-reader 
class must have the same Fifth Eeader. But it is not required 
that the First Pteader and the Fifth Eeader used shall belong 
to the same series. One may be from one publishing house, 
und the other from another. And the law must be understood 
in the same way in regard to each of the other branches. 

8. Changes of Text-Books— Penalty. Directors who, in vio- 
lation of the law, do permit text-books to be changed oftener 
than once in four years are liable, for their failure to perform 
their duty under the law, to the penalty of twenty-five dollars 
named for such failure in Sec. 76. 

9. Purchasing Text Books. Directors are not given the 
power to purchase with school funds the regularly adopted 
text-books for the use of all the children of the district ; and 
books for such use may not be purchased under the pretence 
of a purchase of books for the school library. The only 
power the directors have in this regard is to purchase books 
for children whose parents are not able to buy books for 
them. 

10. Suspension and Expulsion — Ulinois Cases. Upon the 
power given school boards to suspend or expel pupils, we 
Tiave some instructive decisions by the courts. A pupil having 
declined to study book-keeping because her parents objected, 
was expelled, and somewhat forcibly removed from the build- 
ing by the teacher, acting in accordance with the order of 
ihe directors. She instituted an action of tresspass against 
"the directors and the teacher, and was awarded $130 damages 



146 SCHOOL LAWS AND DECISONS. 

in the circuit court. The supreme court af&rmed the judg- 
ment, holding as follows : 

"The law having conferred upon each child of proper age 
the right to be taught the enumerated branches, any rule or 
regulation which, by its enforcement, would tend to hinder or 
deprive the child of this right can not be sustained. All rules 
must be adapted to the promotion and accomplishment of this 
great and paramount purpose of the law. 

"The law, for the purpose of preserving the school and 
promoting its usefulness, has empowered the directors to sus- 
pend or expel scholars, but only for disobedient, refractory, or 
incorrigibly bad conduct. It is by the commission of one of 
these acts, alone, that the pupil can forfeit his right to the 
privileges of the school ; and this forfeiture can only be en- 
forced, and the right lost, after all other reasonable means 
have failed. Nor is the suspension or expulsion designed 
merely as a punishment of the child, but principally as a 
means of preserving order and the proper government of the 
school. ***** The directors had no power to expel 
appellee from the school and its privileges and benefits, be- 
cause she, under the direction of her parents, refused to study 
book-keeping, as it is not one of the branches enumerated in 
the statute, and is one her parents had the option to have 
taught her, as the directors had provided that it should be 
taught in the school ; and the directors having no such power, 
they could not lawfully expel appellee from the benefits and 
privileges of the school, for a refusal to comply with this re- 
quirement, and when they did so with force, it constituted a 
trespass. What they did by the teacher, they did by them- 
selves, according to a familiar maxim of the law. Nor could 
the teacher justify under the authority of the directors, as 
they could not, under the law, authorize him to perform an 
illegal act, as this was, and having committed the trespass, 
they are liable to respond in damages." [Pmlison v. Post, 79 
111., 567.] 

A pupil having refused, under the direction of her father, to 
bring a written statement explaning her tardiness, was sus- 
pended and removed from the room without unnecessary force. 
The rule requiring such statement was as follows : 

"Any pupil v»'ho shall be absent or tardy shall be required 
(the next time he or she comes to school from home after such 
absence or tardiness) to present to the teacher a written excuse 
or statement from his or her parent or guardian, showing to 
the satisfaction of the teacher that such absence or tardiness 
was caused or occurred with the knowledge or consent of the 
parent or guardian, and also showing the length of time such 
pupil was so detained, or permitted to be absent by the parent 
or guardian." 



SCHOOL LAWS AND DECISIONS. 147 

The pupil instituted a suit in trespass against the school 
board and the superintendent, Hon. James Steele, sitting as 
circuit judge at Charleston, gave the jury the following among 
other instructions : 

(1) "The directors of a school district are authorized by law 
to adopt and enforce all necessary rules and regulations for 
the management and government of the school or schools with- 
in their district, and to suspend or expel pupils from such 
schools for disobedient conduct ; and, while it is true that the 
law secures to every child, of proper age, the right to attend 
and receive instruction at our public schools, yet that right 
must be so exercised, by each particular child, as not to inter- 
fere with the full enjoyment of the same right by every other 
child. No child can be said to have an exclusive right to 
attend our public schools, but all children, of proper age, have 
a common right to attend them, subject, however, to such 
necessary rules and regulations as the directors of such school 
may see fit to make ; and if the parents of any particular 
child see fit to make rules and regulations for such child which 
shall conflict with the necessary rules and regulations made by 
the directors for the government of the school where such child 
has a right to attend, then the necessary rules and regulations, 
so made by the directors, must govern; and if such child, 
while in attendance upon school, persists in obeying the con- 
flicting rules so made by the parents, and thereby disobeying 
the rules so made by the directors, the latter have the right 
either to suspend or expel such child from the school. 

(2) "It is true that parents have a paramount right to con- 
trol their children, and to make such rules for their govern- 
ment as they may deem necessary; but if parents desire their 
children to enjoy the benefits of our public schools, they should 
not make such rules for the government of their children as will 
compel the children to disobey the necessary rules and regula- 
tions made by the directors of the school where such children 
have the right to attend. 

(3) "If a rule made by a board of directors js a reasonable 
one, and is calculated to improve the schools, and secure 
punctuality and promptness in the attendance of the pupils, 
then the directors are exercising their lawful powers in making 
such a rule, and they have the right to compel obedience to 
such rule, by all pupils attending the schools in their district, 
and to suspend or expel any pupil who may refuse to obey 
such rules, provided such suspension may, in their judgment, 
be necessary for the welfare of the schools under their control. 

(4) "If a board of directors, in the lawful exercise of powers 
conferred by law, expel a pupil from their school, and the 
scholar so expelled refuses to leave the school room, and per- 
sists in defying and disregarding the just and legal authority 
of the board, such pupil may be ejected, by force, from the 



148 SCHOOL LAWS AND DECISIONS. 

school, and it makes no difference whether this defiance and 
disregard of the authority of the board arises from the pupil's 
own willfulness and stubbornness, or from orders or commands 
given to such pupil by his or her parents. 

(6) "Before the jury can find for the plaintiff, they must 
find, by a preponderance of evidence, that either the said plain- 
tiff was not tardy in her attendance upon school, or that the 
said rule concerning tardiness was unnecessary ■ * * * * 

^(^^ w * * * * ^^^^T^ j-Y^Q j^jyy. ^y.Q instructed, that the 

fact that the parents of said Drusie were either ignorant of 
the existence of such rule, or refused to furnish her with a 
written statement or excuse required by such rule, can furnish 
no excuse to said Drusie for disobeying or disregarding it ; for, 
if she knew of the rule, it was her duty to inform her parents 
of it, and it was then the duty of the parents to enable the 
child to comply with the rule, by furnishing for her the excuse 
or statement required of them." 

The jury found for the school board. [Illinois Teacher, 1868, p. 28.] 

In Churchill v. Fewkes, 13 111., App. (13 Brad.), 520, the 
court approved a similar rule, and reversed a verdict for the 
pupil. 

A pupil, upon returning to school after an absence, brought 
the following written excuse to her teacher : 

"Miss Garrett will please excuse Mary's absence for the past 
two weeks, as she was visiting the St. Louis fair with my 
consent." 
"Pittsfield, III., Oct. 19, 1874." "J. H. Ledlie." 

The principal refused to receive the excuse as sufficient, and 
suspended the pupil. 

Hon. C. L. Higbee, sitting as circuit judge, granted a writ 
of mandamus against the school board, directing them to admit 
the child to the school. The judgment was against the right 
of the board to make and enforce such a rule, since absence 
was not a sufficient cause under the statute for suspension. 

The rule was as follows : 

"Every pupil who shall be absent six half days in four 
consecutive weeks, without an execuse from the parents or 
guardian satisfying the teacher that such absence was caused 
by his own sickness, or by sickness in the family, or to avoid 
a serious and imprudent exposure of health, shall forfeit his 
seat in the school. No pupil thus suspended shall be returned 
to school till the parents or guardian has given satisfactory 
assurance that the pupil will be punctual in the future, aiid 
obtamed permission from the principal to return, [Monthly 
Western Jurist, Aug., 1875, p. 238.] 



SCHOOL LAWS AND DECISIONS. 149 

11. Expulsion Continues How Long ? A pupil having been 
expelled sometime during a term of school ending Jan. 12, 
1887, presented herself at the beginning of the next term, Jan. 
13th, seeking admission, and being refused, Hon. Jesse J. 
Phillips, sitting as circuit judge at Vandalia, granted a writ 
of mandamus against the school board requiring them to admit 
her, on the ground that such expulsion could extend only to 
the close of the term ending January 12th. 

It would be going too far to infer from this case a general 
rule, to the effect that expulsion would always terminate at 
the end of the school term. But, since expulsion is an ex- 
ceedingly harsh remedy, and since there should be an end of 
punishment, it is not to be expected that the courts will sus- 
tain as reasonable the making an order for expulsion perpetual, 
regardless of whether the pupil has or has not so far reformed 
that he may be readmitted without harm to the school; and 
of whether he has or has not been punished sufficiently for his 
offence by being deprived of the privileges of the school for a 
time. 

12. Suspension and Expulsion a Last Resort. It is plain 
from these cases that, while school boards may compel 
obedience and punish by suspension any obstinate infraction 
of reasonable rules which they have established, recourse 
should be had to suspension and expulsion from school for 
grave and aggravated offenses only. 

13. Exclusion in Certain Cases. Directors may and should 
exclude from school, for the time being, pupils infected with 
offensive or contagious diseases. Not for any fault or wrong 
on their part, but simply because their presence under the 
circumstances is incompatible with the safety and comfort of 
others. Their personal rights in the common school are for 
the time in abeyance — they must be surrendered till they can 
again be exercised without infringing the equal rights of others. 
The right to enjoy the benefit of common schools, established 
for all the inhabitants, is a common, not an exclusive per- 
sonal right, and hence, like all other common rights, it 
must be exercised under such limitations and restrictions, that 
it shall not interfere with the equal and coextensive rights of 
others. [Spear v. Cummings, 23 Pick., 224,] 

If the moral depravity of a child is so great that, though 
his deportment in school and on the school premises may be 



150 SCHOOL LAWS AND DECISIONS. 

good, his example is dangerous to the purity of the school, the 
school board has power to exclude him. [Sherman v. Charles- 
toivn, 8 Cushing, 160.] 

14. Who may suspend and expel. The power to suspend and 
expel rests primarily with the school board. The teacher should 
act in these matters by their direction, unless, it may be, in a 
case requiring prompt action ; and even then the teacher had 
better suspend temporarily and refer the case to the directors. 
[State V. Burton, 45 Wis., 150.] 

15. Personal Liability therefor. Notwithstanding the pro- 
vision of the law, "no action shall lie against them for such 
expulsion or suspension," as we have seen in Ridison v. Post, 
cited above, both the school board and the teacher were held 
in damages for suspension under a rule declared to be unrea- 
sonable and unlawful. But in this case the court evidently 
regarded the action of the board and the teacher as willfully 
and maliciously wrong; for in McCormick v. Burt, [see note (c)], 
the court held that, there being no charge nor proof that the 
directors had acted wantonly or maliciously, they could not be 
held liable in damages even if they had erred in judgment. 

16. School Day. Custom has made six hours a school day, 
and this should govern except as provided in the statute for 
children under twelve years, for whom the time in school may 
be cut down to four hours daily. Permitting the day to be 
shortened to four hours, impliedly prohibits shortening it to 
less than four hours. School boards have some discretion in 
regard to the time of opening and closing school, but are limited 
in the matter by the fitness of things and general custom. 

(/) 1. Vote of People upon School Questions. For a discus- 
sion of the various questions relating to the forms of notices, 
of elections, manner of conducting them, rights of voters, duties 
of judges, form of ballots, etc., see notes (a) and (6), Sec. 25; 
note (a), Sec. 27; Sec. 28; note (i), Sec. 33; note (a), Sec. 42. 
See also Sec. 126 on Elections in districts, in ivhole or in part, in 
cities, towns and villages ivhich have adopted the election law of 
June 19— July 1, 1885. 

2. Notices — Ballots. When one of these special questions is 
to be voted upon, the notice becomes of great importance. 
The directors only may call such an election. The question or 
questions submitted must be distinctly stated in the notice. 
See note (a). Sec. 42. 



SCHOOL L^WS AND DECISIONS. 151 

3. Blank Ballots. Where an election is held to vote on sev- 
eral designated propositions, and some of the ballots are blank 
in respect to one or more of said propositions, it is held that 
said bhink ballots should not be counted against said one or 
more propositions. Thus, if the propositions before the meet- 
ing are : to levy a tax to extend schools, and to enlarge the 
school house, (both propositions being voted on at the same 
time) — and if, fifteen voters being present, it is found that 
eight of the ballots are for the tax, and seven against — while 
but six ballots are for enlargement, and four against, five of 
the ballots, being silent or blank in respect to enlargement, 
both propositions are to be considered as carried, each having 
received a "majority of all the votes cast" as required by the law. 

4. Tie Vote. If a vote upon a special proposition results in 
a tie, the proposition fails; it has not received a majority of 
the votes cast. 

5. Vote to build and for School Site. A vote on the question 
of building a school house, may be had either before or after 
the site is chosen. The two questions are separate and inde- 
pendent of each other, and need not necessarily be both voted 
on at the same time. The people of a district may become 
satisfied that a new school house is required before they are 
prepared to decide upon the site, and they may at once vote 
on that question and levy a tax to build, leaving the choice of 
a site to be determined afterwards. The site may be selected 
at any time before the building is commenced. It is not only 
legal, but quite customary for a district to commence by tax- 
ation, the accumulation of a building fund, before the site is 
chosen, 

6. May build on Old Site. If an election is called to vote 
on the question of building a new school house, nothing being 
said in the notices about a change of site, and a majority of 
the votes cast is in favor of building, the directors may law- 
fully proceed to build upon the old site. In such cases the 
presumption is that no change of site is desired by the people. 

7. Questions may be voted on a Second Tune. An election for 
a school officer is final. But it is held that no such limitation 
necessarily applies to voting upon school questions such as ex- 
tending schools, borrowing money, choosing sites, etc. The 
only restriction is that ten days' notice must be given as re- 
quired by section forty-two. Take the case of a school site, for 



152 SCHOOL LAWS AND DECISIONS. 

nstance : One may be chosen without due deliberation — or in 
ignorance of important facts in regard to title, etc. ; or when 
but a very few voters were or could be present ; or it may 
afterwards be determined to divide or enlarge the district, ren- 
dering the site chosen inconvenient ; or another and more eli- 
gible site, and at less cost, may subsequently be offered; — 
these and many other equally strong reasons may make it 
plainly for the interest of a district to take different action, and 
to call another meeting for that purpose ; and it is held that 
it may legally be done, by the directors, upon proper notice as 
aforesaid. The inhabitants should have the largest liberty in 
such matters, compatible with the rights of others, and their 
rights in the premises are not restricted by either the letter or 
spirit of the law. If a former vote is to be thus in effect re- 
scinded, action must be taken before expenses are incurred by,, 
or rights accrue to, other parties under the original vote. And 
if another meeting is called, it must be by the directors, by 
whom all notices of district elections must be issued. The di- 
rectors have discretion in such cases — they can not be com- 
pelled to call another meeting. But they are clearly empowered 
to do so, and should not decline to issue the notices when it 
is the wish or request of a majority of the inhabitants of the 
district. If the different proposition submitted at the second 
election fails, the directors are bound to comply with the first 
vote. [Pennington v. Coe, 57 111., 118.] 

8. Effect of a Vote to build a School House, or to purchase a 
Site. The proposition in relation to building a house or pur- 
chasing a site may be stated in the notice and the ballot with 
some limitation as to cost; and, if so stated, the directors will 
be bound by the limitation. But if the notices merely state, 
in general terms, that the object of the election is to vote for 
or against authorizing the directors to build a new school 
house, or to purchase a new site, and a clear majority is in 
favor of building or purchasing, it is held that the directors 
are thereby empowered to take the necessary steps to carry out, 
in their best discretion, the wishes of the inhabitants of the 
district, subject to the restrictions of the law in respect to the 
amount of tax that may be levied. 

The vote to build a house or to purchase a site does not 
give power to borrow money for such purposes. [See Sec. 47,. 
note {a) 2.] 



SCHOOL LAWS AND DECISIONS. 153 

9. A Second Ballot cannot be taken at the Same Election. 
When, at any election in a school township or district, a ballot 
is regularly taken and the result announced, said ballot is con- 
clusive and final. Another ballot, at the same meeting, cannot 
be had, either to gratify disappointed and dissatisfied voters, or 
for any other reason. The moment the balloting is concluded, 
the powers of the voters, at that election, are exhausted. A 
second ballot, if taken, would be illegal and void. 

10. Mandamus to compel Directors to act. When directors 
are instructed by a vote of the people, legally taken, to levy a 
tax or borrow money to build a school house, or to do any 
other act or thing which the inhabitants of a district may law- 
fully require to be done by them, and said directors neglect or 
refuse to obey such instructions — and when directors fail or 
refuse to discharge the duties clearly imposed upon them, as 
directors, by law, and the people of the district have no other 
recourse or remedy — in all such cases, a writ of mandamus will 
lie to the board of directors, commanding and compelling them 
to discharge their duty. [Beverly v. Sabin, 20 111., 357 ; Cotton 
V. Reed, Ibid., 607.] 

11. Choice of Site by Directors. If the proposition to select 
a site for a school house is submitted without restriction, so 
that each voter can vote for such site as he pleases, then if 
no site receives a majority of the votes, the directors may 
select a site. But if the proposition is submitted in such a way 
as to restrict the vote to one or more sites named, then in case 
no site receives a majority of the votes cast, the directors 
should not select a site themselves ; they should call another 
election. 

12. When Oivners of Land ivill not sell it for a School House. 
If a site selected for a school house cannot be bought of the 
owner, the land may be condemned ; provided that, if it is 
outside the limits of any incorporated city or village and also 
within forty rods of the dwelling house of the owner, it cannot 
be taken. A site cannot be condemned before it has been 
legally chosen. [Gerke v. Piircell, 25 Ohio St., 229.] 

Improved real estate can be seized, and lots already in use 
maybe enlarged. [Thompson v. District, 1 Chester Co. E., 493.] 

The directors should always aim to get a clear title to the 
site, and the deed should be taken in the name of the township 
trustees of schools. [Sec. 39.] 
—10 



154 SCHOOL LAWS AND DECISIONS. 

13. Renting a House. See paragraph 2, note {h), above. 

OF JUDGMENTS AND EXECUTIONS AGAINST BOARDS OF TRUSTEES OR 
SCHOOL DIRECTORS. 

49. Judgments against trustees and directors. § 49. 

If judgment shall be obtained against any township board of 
trustees or school directors, the party entitled to the benefit of 
such judgment may have execution therefor as follows, to-wit : 
It shall be lawful lor the court in which such judgment shall 
be obtained, or to which such judgment shall be removed, by 
transcript or appeal from a justice of the peace, or other court, 
to issue thence a writ, commanding the directors, trustees and 
treasurer of such township to cause the amount thereof, with 
interest and costs to be paid to the party entitled to the bene- 
fit of said judgment, out of any moneys unappropriated, of 
said township or district, or, if there be no such moneys, out 
of the first moneys applicable to the payment of the kind of 
services or indebtedness for which such judgment shall be ob- 
tained, which shall be received for the use of such township 
or district, and to enforce obedience to such writ by attach- 
naent, or by mandamus requiring such board to levy a tax for 
the payment of said judgment ; and all legal process, as well 
as writs to enforce payments of a judgment, shall be served 
either on the president or clerk of the board, {a) 

(a) 1. Judgments, how satisfied. A general execution does 
not lie against a school board. [Thomas v. Urhana District, 
71 111., 283; Watson v. Ahrij, 9 111. App. (9 Brad.), 280.] 

When directors are sued, in their corporate name, and judg- 
ment is obtained against them, said judgment must be paid 
out of the funds belonging to the district ; it can not be satis- 
fied out of the unapportioned township funds. The same is 
true where a mandamus is issued, directed against the trustees, 
treasurer and directors, which is the usual form. It can not 
be supposed that a judgment against a single district should 
be satisfied out of funds not yet apportioned by the trustees 
to the several districts ; this would make all the districts con- 
tribute to the payment of the debts of one. Every district is 
liable exclusively for its own debts. 

2. Moneys not to he diverted. Even in satisfaction of a 
judgment, moneys raised for a particular purpose may not be 
used for another purpose. [Pennington v. Coe, 57 111., 118.] 

8. Mechanic s Lien— Garnishment. A mechanic's lien may 
not be taken against school property ; nor may a school board 
or a school, treasurer be garnisheed. [Quinn v. Allen, 85 111., 
39 ; Merwin v. Chicago, 45 111., 133 ; Bivens v. Harper, 59 111., 21.] 



SCHOOL LAWS AND DECISIONS. 155 

4. Bonds on Appeals. School boards do not give bonds on 
appeals. [Holmes v. Mattoon, 111 111. 27.] 

5. Judgment fraudulently obtained. Persons accepting posi- 
tions as members of a school board of directors or trustees, or 
other school offices, should not allow their private interest to 
conflict with public duty. Equity and good faith will require 
them to defend suits against their district or township and to 
protect its property, to the best of their skill and ability, re- 
gardless of any private interest they may have. A decree ob- 
tained against a school corporation by collusion with or neglect 
by its officers may be impeached for fraud. [Noble v. Directors, 
117 111., 30; Nevil v. Clifford, 55 Wis., 161.] 

EXAMINATION AND QUALIFICATIONS OF TEACHERS. 

50. Certificates granted, to ■whom — First grade — 
Second. § 50. No teacher shall be authorized to teach a 
common school under the provisions of this act who is not of 
good moral character, and who does not possess a certificate 
as required by this section. It shall be the duty of the county 
superintendent to grant certificates to such persons as may, 
upon due examination, be found qualified ; and said certificates 
shall be of two grades ; those of the first grade shall be valid 
for two years, and shall certify that the person to which such 
certificate is given is qualified to teach orthography, reading 
in English, penmanship, arithmetic, English grammar, modern 
geography, the elements of the natural sciences, the history of 
the United States, physiology and the laws of health. Certifi- 
cates of the second grade shall be valid for one year, and shall 
certify that the person to whom such certificate is given is 
qualified to teach orthography, reading ' in English, penman- 
ship, arithmetic, English grammar, modern geography and the 
history of the United States, (a) 

Rene'wal — Revocation — Form. The county superintend- 
ent may, at his option, renew* said certificates at their expira- 
tion, by his endorsement thereon, and may revoke! the same 
at any time, for immorality, incompetency or other just cause. 
Said certificates may be in the following form, viz : (b) 

Illinois 18 

County. 

The undersigned, having examined in orthography. 

reading in English, penmanship, arithmetic, Englisli grammar, modern geography, 

the history of the United States, and being satisfied that 

is of good moral eliaracter, hereby certifies tliat quaUfications in the 

above branches are such as to entitle « _. to this eertifleate, being 

of the grade, and valid in said county for year from the date hereof, 

renewable at the option of the county superintendent by his endorsement thereon. 

Given under my hand and seal at the date aforesaid. 

A. B., County Superintendent of Schools. 

*rorm No. 25. tForms Nos. 26 and 27. 



156 



SCHOOL LAWS AND DECISIONS. 



County normal school diploma. In any county in which 
a county normal school is established, under the control of a 
county board of education, the diplomas of graduates in said 
normal school shall, when directed by said board, be taken by 
the county superintendent as sufficient evidence of qualifica- 
tions to entitle the holder to a first class certificate, (c) 

Record. Each county superintendent shall also keep a 
record, m a book provided for that purpose, of all teachers to 
whom he grants certificates. Said record shall show the date 
and grade of each certificate granted, and the name, age and 
nativity of each teacher; and shall give the names of male and 
female teachers separately. Said record may be as follows, 
viz : 



Name. Age. 


Nativity. 


Date. 


Grade . 


Eemarks. 


Chas. Thompson 


25 


Illinois. 


March 1, 1874. 


1 


Has taught 5yrs. 







A copy or transcript of said record shall be transmitted by 
the county superintendent, with his regular report, to the state 
superintendent, (d) 

State certificate. The state superintendent of public in- 
struction IS hereby authoiized to grant state certificates to such 
teachers as may be found worthy to receive them, which shall 
be of perpetual validity in every county and school district in 
the state. But state certificates shall only be granted upon 
public examination, of which due notice shall be given, in such 
branches and upon such terms, and by such examiners as the 
state superintendent and the principals of the normal universi- 
ties may prescribe. Said certificates may be revoked by the 
state superintendent upon proof of .immoral or unprofessional 
conduct, (c) 

Branches of study to be taught in schools. Every 
school established under the provisions of this act shall be for 
the instruction in the branches of education prescribed in the 
qualifications for teachers, and in such other branches, includ- 
ing vocal music and drawing, as the directors or the voters of 
the district, at the annual election of directors, may prescribe. (/) 
[March 30-July 1, 1874.] 

(a) 1. Who may he examined — Moral Character — Age. If a 
county superintendent is satisfied that an applicant for a cer- 
tificate is not a person of such moral character as the teacher 
should possess, and that he can not on that account license 
him to teach, he need not examine him as to his other quali- 
fications. Teachers in this state can be questioned and in- 
quired about, in respect to their moral character, in the ordi- 
nary acceptation of that phrase, but no inquisition whatever 



SCHOOL LAWS AND DECISIONS. 157 

can be made into their particular religious opinions and beliefs ; 
or if so questioned, they may refuse to answer. And if the 
county superintendent should find the applicant to be of un- 
blemished morals, and of suitable scholastic attainments, a 
license could not be refused on the ground of his holding or 
discarding any peculiar religious views, or for refusing to answer 
any questions in relation thereto ; for no person shall be re- 
quired to attend or support any ministry or place of worship 
against his consent, nor shall any preference be given by law 
to any religious denomination or mode of worship. [Const, of 
111., Art. 2, § 3.J 

The law does not fix a minimum age at which persons may 
be granted certificates ; but, certainly, immature boys and girls 
may not be put in charge of schools. County superintendents 
will not act unwisely if they follow quite closely the suggestion 
of the law, which calls minors infants and children, and keeps 
them subject to many disabilities and to the control of 
parents and guardians. Surely, maturity and strength of char- 
acter are needed to manage a school successfully and to deter- 
mine wisely the important questions which demand an answer 
of the teacher almost daily. 

2. Discretion of the County Superintendent. The law does 
not prescribe much with regard to the examination. It uses 
the term "due examination" and says that the superintendent 
must certify that those whom he licenses after such an exam- 
ination are "qualified to teach" certain branches of study. 
The manner, form and extent of the examination are left to the 
discretion of the superintendent. The law does not require that 
he shall demand the same written examination of all appli- 
cants. He may determine whether or not it is necessary to 
examine in the same way the teacher of known and tried in- 
telligence and ability, the beginner, and the teacher of whose 
previous work he knows nothing. 

The extent and the limitation of his discretion in granting 
or refusing a certificate have been stated by the supreme court 
of Indiana recently as follows : 

"The office of county superintendent belongs to the executive 
department of the state, and the statute does not confer upon 
"the incumbent either judicial or quasi judicial power in the 
matter of licensing persons to teach in the common schools. 

"The statute confers upon the county superintendent a dis- 
cretion on the subject of licensing teachers, which is so far 



158 SCHOOL LAWS AND DECISIONS. 

analagous to judicial discretion that he is protected from any claim 
for damages on account of any mere mistake in his decision, or 
error in judgment, either in granting or withholding a license. 

"A county superintendent is liable in damages for maliciously 
withholding a license to teach from an applicant lawfully en- 
titled to receive the same, and he will be held to have acted 
maliciously where be acts either from willful and wicked or 
from corrupt motives." [Elmore v. Overton, 104 Ind., 548.] 

3. Suggestions as to the Examination. Perhaps the most 
difficult and responsible duty devolved by law upon county super- 
intendents, is that of determining who shall be the teachers 
of our common schools. The county supeiintendent stands at 
the gateway of every public school in his county, and decides 
who shall, and who shall not enter. Upon the manner in which 
he scrutinizes the moral and intellectual credentials of the ap- 
plicant, depends the character of the school of which he is to 
become the teacher. Certificates are to be granted to those 
only who, upon due examination, are found to possess the quali- 
fications required by the act. 

Every certificate issued to one who is unworthy, either men- 
tally or morally, to receive it, is not only a violation of law, 
but is a direct blow at the heart of our common schools. Such 
a certificate is an official license, not to elevate and bless, but 
to injure and degrade, and it may be to contaminate and curse 
the schools and the community. Good schools can not be 
taught by incompetent teachers ; the moral atmosphere of the 
schools can not be kept pure by profane or irreverent teach- 
ers. It is by no means a self-evident truth that poor schools 
are better than none ; they may be so poor as to be a great 
deal worse than none. It is truly lamentable that the number 
of thoroughly qualified teachers is so small ; and yet the supply 
of such is not so much less than the demand, as many seem 
to suppose. Teachers of at least fair abilities are usually to 
be had, if called for, and a reasonable compensation is offered. 
The saddest fact is that such teachers are in so little demand. 
County superintendents can do much to correct this state of 
things by insisting, to every reasonable and practicable extent, 
upon the full measure of ability demanded by the law. They 
should strive to convince school officers and parents how diffi- 
cult it is to eradicate wrong habits of study, carelessness and 
inattention, false ideas of facts and principles, from the tena- 
cious and imitative minds of children, when once implanted by 



SCHOOL LAWS AND DECISIONS. 159 

smatterers and pretenders in the great art of teaching; and 
that it is far better to wait until a good and safe teacher can 
be procured, though at a greater cost, than to accept the ser- 
vices of any other, at any price. 

It is best to combine the two methods of examination, oral 
and written. Each has its advantages ; methods of teaching, 
skill in expedients, aptness in illustration, etc., can be best 
brought out by the oral method ; while habits of thinking and 
modes of reasoning, proofs of discipline and accuracy, acquaint- 
ance with principles, and general availability of knowledge, 
etc., are best shown by the written methud. As a general rule, 
the poorer the attainments of the applicant, the longer it will 
take to examine him, and vice versa. The reason of this is ob- 
vious ; there are, as is well known to qualified examiners, certain 
comprehensive questions that may be framed in relation to each 
of the branches mentioned in the law, upon the manner of an- 
swering which, the kind and degree of the candidate's profi- 
ciency may be very correctly determined. If these are answered 
in a prompt, methodical, and scholarly manner, such answers 
necessarily imply a thoroughness of training, and a mastery of 
principles, that justify a comparatively brief examination of de- 
tails. But if test questions of this character are not so an- 
swered, a protracted examination upon minor points is usually 
necessary; for it is by no means safe or just to conclude that 
a certificate is to be refused because the applicant is not versed 
in the laws of generalization, or in the nicer processes of scien- 
tific analysis, transcendently important as the latter are. A 
person may be found worthy of licensure, upon a fair estimate 
of average ability in the details of each branch, in connection 
with good teaching powers, sense and tact, personal and social 
qualities, etc., who would fail if tried by other and severer tests. 
The aim of the superintendent should be to do justice alike to 
every candidate, to the law and to himself. 

This duty is one of delicacy and difficulty, and must not be 
done hurriedly and superficially, but patiently, fairly and 
searchingly. It is in this way only that justice can be done to 
all, the intention of the law fulfilled, and the grade of qualifi- 
cations be improved. Let examinations be so conducted that 
the ignorant and conceited shall have a wholesome dread of 
them, while the modest and deserving, on the other hand, 
shall be assured that no injustice will be done them. 



160 SCHOOL LAWS AND DECISIONS. 

The county superintendent must remember, too, that he is 
to certify that the person to whom he grants his certificate "is 
qualified to teach" the branches named. He should take into 
account, also, the conditions under which the teaching is to 
be done — that there will be both a school to be governed and 
children to be instructed. Hence he not only may but should 
inquire into the applicant's knowledge of the principles and 
methods which should guide in training children, his aptness 
to teach and his ability to control them. Furthermore, the 
superintendent should give due weight to any knowledge he 
has of the applicant's success as a teacher. The man who 
has repeatedly demonstrated his unfitness to have charge of a 
school, should not be granted a certificate, however good his 
scholarship may be. 

4. Grade of Certificates — Physiology and the Elements of the 
Natural Sciences. The leading distinction between the two 
grades of certificates, besides the difference in term, is that 
the applicant for the first grade certificate must be examined 
as to his qualifications in the seven branches of study named 
in the second grade certificate, and, in addition thereto, in the 
elements of the natural sciences and in physiology and the 
laws of health. The natural sciences are, for the purposes of 
this examination, botany, zoology and natural philosophy. In 
examining upon the seven branches, if any difference is made 
in the character of the examination between applicants for 
first grade certificates and those applying for second grade 
certificates, the difference should relate rather to the extent of 
the knowledge required. Every teacher, whether he hold a 
first or a second grade certificate, should have a clear com- 
prehension of the fundamental principles, the rudiments, the 
primary rules, laws and facts in each branch of study. 

It is suggested that persons who have not shown themselves 
successful teachers should not receive first grade certificates. 

5. Certificates not to he granted ivithout examination. It is 
the positive duty of the superintendent to know that none but 
the qualified receive certificates. The fact that a teacher 
already has one, or ten certificates, from other county super- 
intendents, does not constitute such knowledge by any means. 
True, it should, but it does not ; it is presumptive only, not 
conclusive. The qualifications of not a few teachers have 
proved, upon thorough examination, to be in inverse ratio to the 



SCHOOL LA.WS AND DECISIONS. 161 

number of former certificates held by them. A familiar maxim 
■of the law must be reversed in the case of candidates for 
licenses to teach— they are to be presumed incompetent until 
the contrary is proved. It is an open and palpable violation 
of the law for a county superintendent to grant to any one a 
certificate without examination, either upon his representation 
or upon his recommendations. It is equally a violation of the 
law for him to adopt as his own an examination held by an- 
other and not within his own control and direction. In all 
these duties in which a special trust is reposed in the abilities, 
judgment, skill or learning of the officer himself, his personal 
services are required. Such a duty, preeminently, is that of 
examining and licensing teachers, imposed upon the county 
superintendent by the law. 

(6) 1. Renewal of Certificates. It is wise for the county 
superintendent to exercise the power the law gives him to re- 
new certificates, when he knows that the teacher is faithful, 
energetic and successful. The county superintendent may renew 
certificates issued by his predecessor. It is held that a teacher's 
certificate can not be renewed after its expiration — if renewed at 
all, it must be done on or before the day it expires. When a 
certificate expires without renewal, the instrument is dead and 
can not be revived, and its effectiveness continued by the en- 
dorsement of the county superintendent — a new certificate must 
l»e obtained, or the teacher is without a license. 

2. Revocation of a certificate. Teachers' certificates may be 
revoked, but only for just cause. In the exercise of this right 
the greatest care should be taken to avoid injustice. The pro- 
fessional reputation of a teacher should not be prejudiced by 
the revocation of his certificate, except upon the most clear and 
positive proof of gross misconduct ; but whenever such proof 
is furnished, the duty of the county superintendent is plain 
and he must perform it. When the revocation of a certificate 
becomes clearly necessary, the superintendent should note the 
fact in his record of certificates granted, and request the teacher 
to surrender the document. If he refuse to do so, the name 
of the teacher, date and grade of his certificate, and the fact 
and date of its revocation, (with cause, if deemed expedient,) 
should be published in the county papers, or otherwise. This, 
in that case, would be necessary for the information and pro- 
jection of the public. The directors, trustees and treasurer, of 



162 SCHOOL LAWS AND DECISIONS. 

the district and township concerned, should also be informed 
immediately and officially by the superintendent, in writing, of 
his action, and duly notified and warned that no public funds 
can lawfully be paid said teacher for services rendered from 
and after the date of said revocation. The law does not 
authorize county superintendents to suspend teachers' certifi- 
cates, nor is the right to do so implied in the power to revoke. 
They may grant, renew, and, for good cause, revoke certifi- 
cates ; their powers in the premises would then seem to be ex- 
hausted. 

The rule of law with regard to the way of proceeding in the 
revocation of a certificate is the same as laid down in regard 
to the removal of a county superintendent, or the dismissal of 
a teacher. [Sec. 13, note (a) ; Sec. 48, note {d), 14.] 

The discretion and responsibility of the county superintend- 
ent in this matter are the same as stated in note (a), 2, above. 

3. Re-instatement of Teachers whose certificates have been re- 
voked. The law does not prescribe the limits of time within 
which a teacher, whose certificate has been revoked, may be 
re-instated in his profession. Each case must, therefore, be 
determined by the county superintendent, according to his best 
judgment and discretion, from the facts and circumstances as 
he knows or believes them to exist. A teacher's license may 
be revoked for offences of so grave a character as to render it 
improper ever to restore him to the school-room. On the other 
hand, the revocation may be necessitated by malfeasances or 
delinquencies of a less serious nature, against the recurrence 
of which the county superintendent may be well assured. If, 
for instance, a teacher is deprived of his certificate for acts of 
intemperance, or even drunkenness, he may so conduct him- 
self thereafter as to convince the superintendent that a thorough 
and genuine reformation has taken place. The power to revoke 
certificates is conferred for the sole purpose of summarily eject- 
ing from the school-rooms of the state, such persons as may 
become clearly unfit for the responsible trusts committed ta 
teachers of youth, and should never be exercised in any other 
spirit. As soon, therefore, as the cause is removed, and the 
dishonored teacher gives proof of having again become worthy 
of trust, the spirit of the law as well as of charity, would war- 
rant his re-admission into the profession. 



SCHOOL LAWS AND DECISIONS. 163 

4. The Certificate a Commission — Form of the Certificate. The 
certificate is in the nature of a commission and must be at- 
tacked directly, if at all. Whether it was issued upon due 
examination or not is a question which cannot be raised to 
defeat a teacher in a suit brought to recover his wages. The 
word "may," in the sentence of the law, in which it is provided 
that a teacher's certificate may be drawn in a given form, was 
not intended to be interpreted "must." [District v. Sterricker, 
86 111., 595,] 

(c) County Normal School Diplomas. It would seem strange 
that the diploma of a county normal school should be given 
recognition in the law, while the diploma of a state normal school 
is not; but such is the anomaly which our school law presents. 

(d) Record of Certificates. The record here required is of much 
importance, and may prove of inestimable value for future refer- 
ence. County superintendents are enjoined to a faithful per- 
formance of this duty, and to see that the record is kept in a 
well bound book, properly ruled and headed for the purpose. 
The form given in this act is very simple, and it will require 
but very little time to make the necessary entries. To insure 
accuracy a proper memorandum should be made immediately 
after the results of each examination are determined. 

(e) State Certificates. It is the custom of the state superin- 
tendent of public instruction to issue a circular from time to 
time relative to the examination for state certificates. The cir- 
cular and any other information concerning this grade of cer- 
tificates can be obtained upon application to him. 

(/) Province of the Public Schools. Every public school in 
the state shall be for the purpose of instruction in the branches 
of education prescribed in the qualifications for teachers. But 
the directors, if they think it expedient, may cause other 
branches to be taught, including vocal music and the elements 
of drawing. It is also competent for the voters of the district, 
at the annual election of directors, to instruct the directors to 
introduce other branches as aforesaid; and when a majority of 
the votes cast at such annual election shall be for such addi- 
tional branches, the directors must regard and obey such vote. 

If the question is on the introduction of Drawing, for example, 
the ballots shall read, "For Drawing," or "Against Drawing," 
and in the same manner for any other proposed additional 
branch. But neither the directors nor voters can exclude any 



]64 SCHOOL LAWS AND DECISIONS. 

branch prescribed by law ; nor can the voters . exclude any 
branch added by the directors, nor the directors any branch 
added by the voters. If any added branch is withdrawn, it 
must be by the same authority that introduced it. Directors 
are not required to have all the branches prescribed by law 
taught at the same time. This will rarely be expedient. But 
every branch so prescribed must be included in the full course 
of studies of every public school, so that each pupil will have 
an opportunity to pursue all of said branches during his com- 
mon school course. By this provision all necessary latitude is 
given for the introduction into our common schools of such 
additional or higher branches, whether of language or mathe- 
matics, etc., as may, in given circumstances, be deemed advis- 
able. In like manner, under the wise and liberal provisions 
of this section, high schools may be established in connection 
with, and as a part of our system of public schools, with a 
course of instruction as extended and varied as the best in- 
terests of the community may require. The schools must be 
English schools to the extent that the English language must 
he the medium of communication in them. [Powell v. Board 
of Education, 91 111., 375; note (a), p. 9. Sec. 48, note (e), 2, 3.] 

61. Examinations— Times — Places — Notices. § 51. 
It shall be the duty of the county superintendents to hold 
meetings at least quarterly, and oftener if necessary, for the 
examination of teachers, on such days and at such places in 
the respective counties, as will, in their opinion, accommodate 
the greatest number of persons desiring such examination. 
Notice of such meetings shall be published a sufHcient length 
of time, in at least one newspaper of general circulation, the 
expense of such publication to be paid out of the school fund, (a) 

Fees and institute funds. The county superintendent 
shall, in all cases, require the payment of a fee of one dollar 
from every applicant for examination for a teacher's certificate, 
and for each renewal of such a certificate he shall require the 
payment of a fee of one dollar.* All moneys so received, and 
the registration fees hereinafter provided for, he shall transmit 
monthly to the county treasurer, to be by him held and desig- 
nated as the institute fund, and with the same the county 
superintendent shall give the treasurer a list of the names of 
the persons paying such fees. Said fund shall be paid out by 
the county treasurer only upon the order of the county super- 
intendent, and only to defray the expenses of the teachers' 
institutes, which tlie county superintendent is by this section 
authorized to hold. The county superintendent shall take 

* Forms Nos. 28, 29, 30 and 3L 



SCHOOL LAWS AND DECISIONS, 165 

vouchers for all payments made out of the institute fund, and 
he shall render an account of such disbursements with vouchers 
for the same to the county board at their regular meeting in 
September, annually, (h) 

Institutes — Registration fees. The county superintend- 
ent shall hold, annually, a teachers' institute, continuing in 
session not less than five days, for the instruction of teachers 
and those who may desire to teach, and with the concurrence 
of the state superintendent of public instruction, procure such 
assistance as may be necessary to conduct the same at such 
time as the schools in the county are generally closed : Pro- 
vided, that two or more adjoining counties may hold an insti- 
tute together, (c) At every such institute instruction shall be 
free to such as hold certificates good in the county (or coun- 
ties, where two or more join to hold an institute) in which the 
institute is held ; but the county superintendent shall require 
all others attending to pay him a registration fee of one dollar 
except those who have paid an examination fee as required by 
this act, and failed to receive a certificate, (d) [June 3 — July 
1, 1879; June 23— July 1, 1883.] 

(a) Number of Examinations — Places — Notices, Public and 
Private. By this section, it is made the duty of county super- 
intendents to hold at least four public examinations annu- 
ally, for teachers desiring certificates, on such days and at 
such different points in their respective counties as will, in 
their estimation, best accommodate those concerned. It is 
not meant by the term "quarterly," that the four public ex- 
aminations should be held successively at the precise interval 
of three months. The intention of the law is simply to re- 
quire that there shall not be less than four public examinations 
in each year ; the precise time of each being left to the dis- 
cretion of the county superintendent, having in view the con- 
venience and accommodation of the largest number of teachers. 
It is plain, from the language of the law, that in all large 
counties, more than one place should be designated for the 
holding of such examinations ; they are to be held "on such 
days and at such places in their respective counties as will, 
etc." The superintendents of large counties should not re- 
quire the attendance of all applicants for certificates at the 
county seat, or wherever their respective offices may be ; this 
would, in many instances, impose an unreasonable burden of 
time and expense upon candidates. It must be noticed that 
the convenience of the greatest number of persons desiring 
examination, and not the convenience of the county superin- 



166 SCHOOL LAWS AND DECISIONS. 

tendents, is the rule which should govern in the designation 
of times and places. Superintendents receive compensation 
for the services required by this section, and they must, if 
necessary, subordinate their own convenience to that of the 
teachers of the county. 

The object of the law in requiring a certain number of pub- 
lic examinations, is primarily, that teachers, and all others 
interested, may have due and timely notice of the times and 
places where such meetings will be held, that they may make 
their arrangements and govern themselves accordingly. Others 
beside the candidates have an interest in such examinations, 
and may desire to attend them. This is particularly true of 
the directors and citizens of the particular districts where the 
applicants may propose to teach, in order that they may see 
and hear for themselves, and be thereby the better enabled to 
judge of the abilities and qualifications of the persons whom 
they propose to employ. The four examinations required by 
law must therefore be strictly public — open to all who may 
choose to attend. It is, however, to be distinctly understood 
that the number of public examinations that may be held is 
not limited to four ; that is merely the minimum number re- 
quired by law. Superintendents may hold as many more pub- 
lic examinations as they choose ; they may hold them monthly, 
or even oftener, if deemed expedient ; or they may insist that 
all examinations held by them shall be open and public, if in 
their estimation, the best interests of education would thereby 
be promoted. 

On the other hand, it is not to be understood that private 
examinations of teachers are meant to be interdicted by this 
section as amended. Special cases or emergencies may occur 
when private examinations should be granted. But while the 
liberty of private examinations is not withdrawn, it is recom- 
mended that all examinations be public, unless very good 
reasons exist in favor of a contrary course. It is well known 
to the experienced, that public examinations are in almost all 
cases more thorough, impartial and satisfactory than private 
ones. Another consideration in favor of public examinations 
is found in the fact that it effectually prevents charges of 
favoritism or partiality, which are sometimes brought against 
superintendents, however groundless or unjust such charges 
may be. 



SCHOOL LAWS AND DECISIONS. 167 

Notices of all public examinations must be given for a suffi- 
cient length of time, by publication in at least one newspaper 
of general circulation in the county. The expense of such pub- 
lication, in whatever form made, is to be paid out of the 
school fund. 

(b) Fees— Accounts. By the payment of the fee of one dol- 
lar, the applicant for a certificate becomes entitled to a fair 
opportunity to pass the prescribed examination at the usual 
time. Having had that opportunity, the right gained by the 
payment of the fee has been exhausted ; and if the applicant 
has failed to get a certificate, he must pay a second fee, if he 
wishes for a second examination. If, however, the county 
superintendent wishes to examine further in certain of the 
branches an applicant who has passed well in the others, he 
need not charge a second fee for such continuance of the ex- 
amination. 

All fees, with the list of names of the persons from whom 
they have been received, must be deposited with the county 
treasurer monthly, and may be used by the county superin- 
tendent for one purpose only — to defray the expenses of the 
teachers' institute which he is required by this section of the 
law to hold. He should make his deposits with the county 
treasurer regularly the first day of each month. A statement 
of the receipts and expenditures with vouchers must be made 
by the county superintendent as a part of his annual report 
to the county board. [See note {b), 4 and 5, Sec. 14.] 

(c) 1. The Institute. The institute required by this section 
must be a meeting of at least five days' continuance, held "at 
such time as the schools in the county are generally closed." 
AT shorter meeting does not satisfy the law. Two or three 
teachers' meetings held at different places in the county for 
one or two days each may not be substituted for the institute. 

So long as very many of the teachers of the state have not 
had any professional training for their work, some means must 
be employed to supply this deficiency; and for many years 
past, the practice of bringing the older, experienced teachers 
in contact with the younger, inexperienced ones, for the pur- 
pose of instruction and the exchange of ideas, has proved suc- 
cessful. What the teachers have learned, their book knowledge, 
the county superintendent may test by examinations for certifi- 
cates ; but valuable and essential as this kind of knowledge is, 



168 SCHOOL LAWS AND DECISIONS^ 

it is not to be compared in value with the teachers' abihty to- 
impart instruction and their method of teaching. The latter can 
be tested by actual work in the school-room only. It may be 
acquired by experimenting; but in this way, years of strength 
on the part of teachers are wasted, not to speak of the precious 
material experimented upon, young, tender human souls, that 
will be formed for good or for ill, like wax in the master's 
hands. To prevent in some measure this experimenting, the 
teachers' institute should be conducted so as to instruct the 
young teachers in principles and in natural, rational methods 
in the elementary branches : reading, arithmetic, penmanship, 
geography and history. Irrational methods cause a waste of 
the teachers' and pupils' time and the people's money, and 
contribute more to hinder true progress and to bring the pro- 
fession of teaching into ill repute than any other thing. 

That the instruction in, and the exemplification of, principles 
and methods do not exclude academic instruction, and conse- 
quently improve the qualifications of teachers also in this direc- 
tion, is obvious. Also, the knowledge necessary for passing an 
examination may incidentaly be acquired ; but cramming for 
passing an examination is certainly to be deprecated, and 
ought, by no means, to be the prime object of attendance upon 
an institute. Too much time, also, is often consumed by the 
discussion of parliamentary rules and fine grammatical points. 
The teachers come together for work, work that will tell in 
their school-rooms next term, and the time is too short to 
admit of disputations and wrangles over subtleties. 

The legitimate objects of the county teachers' institute are: 

1st. To impart instruction 

(a) in subjects to be taught, 

(b) in principles and methods of teaching, 
and of these, (b) is the more important. 

2d. To unify, in some measure, the work done in the schools 
of the county. 

3d. To promote a professional esprit de corps by bringing 
the less experienced into contact with maturer minds, and so 
leading them to higher aspirations. 

4th. To instruct the community upon the aims and scope 
of the school. 

The subject matter to be taught ought to be presented by 
the instructor or conductor without the help of the book ; free, 



SCHOOL LAWS AND DECISIONS. 169 

easy expression of thought, a fluency of speech, ought to be 
insisted upon. Though most of the text books are logical in 
their arrangement with regard to the science or art to be taught, 
they are rarely so arranged as to serve for a guide in teaching 
the science or art. The conductor ought to classify the sub- 
ject matter with regard to the nature of the little learners, and 
to- the difficulties experienced in grasping the same. And in 
this way the matter ought to be presented to the teachers. 

Be careful to employ competent instructors, for upon their 
work, their energy, their methods, their general conduct, the 
success of the institute depends. Only such teachers should 
be employed as instructors, as are fully acquainted with the 
different methods pursued in teaching primary classes. They 
should not be mere lecturers, but actual schoolmasters who 
have tested their theories in the school-room for years, and are 
able to show the advantages of their own methods, as well as 
the deficiencies of other methods. Beware of such as "have 
pet theories to air," the itinerant elocutionist, et id omne 
genus. Such instructors can only mislead young teachers in 
their aims and aspirations. Institute work is persistent, honest 
toil, not ostentatious, dramatic entertainment. 

None should be employed as conductors who have not had 
experience in institute work. Those who have not had expe- 
rience in institute work, but yet can teach to teachers certain 
branches successfully, will be needed as instructors and will 
be called upon to assist the conductors in the work of the in- 
stitute. Conductors should not only be teachers of experience ; 
they should be acquainted with the history of education and 
of methods, the theory and art of teaching, and should be, 
withal, men of broad, progressive views and of extensive learn- 
ing; they should be leaders, and men with talent for organi- 
zation and of executive ability. 

Wherever it is possible, classes of children at different stages 
of advancement ought to be present for the instructor to work 
with and to exemplify his methods. In penmanship, drawing 
and music, the pupils of the institute, the teachers, may be 
formed into classes to learn both the subject matter and the 
method of teaching it. Devote part of the time to academic 
instruction, to instruction in higher branches, but let the 
greater part of the time be occupied in teaching principles and 
methods. For, if the children are to learn to love school and 
—11 



170 SCHOOL LAWS AND DECISIONS. 

its work, the teachers must have rational methods based upon 
sound principles. Where the method of the teacher is without 
plan and object, where it is irrational or defective, the children 
grow weary and lose their interest in the matter presented. And 
let me say it again, principles and methods above all things. 

Another feature of the institute should be the exhibition of 
pupils' work from the schools of the county. By this the effi- 
ciency of the teachers can be tested and the interest of the 
patrons of the schools aroused. Another way to interest the 
people in your work, is by having evening lectures on educa- 
tional topics. Have vocal music to enliven the exercises ; in 
course of several years you may create a love of music, not 
only among the teachers, but, by carrying it into the school 
rooms, through them, also among the people at large. 

2. Teachers for the Institute to he employed ivith the Concur- 
rence of State Superintendent. The law requires the county 
superintendent to procure, "with the concurrence of the state 
superintendent of public iustsuction," such teachers as he may 
need for his institute. The state superintendent will, on appli- 
cation, license in writing as institute conductors and instructors 
such persons as he knows to be well qualified therefor. County 
superintendents may employ persons thus approved by written 
license without correspondence with the state superintendent. 
If they wish to employ persons who have not been already 
licensed, they should first consult with the state superinten- 
dent. 

The county superintendent may himself, of course, act as a 
conductor or an instructor in his institute. For such services 
he receives his per diem in the usual way ; but he does not 
draw any compensation from the institute fund. 

{d) Who may attend Free of Charge — Registration Fees. The 
expenses of the institute are chiefly paid from the examination 
fees ; so those who have paid such fees are entitled to attend 
the institute free of charge. This includes all who have certifi- 
cates in force, and those, who, having paid a fee for exami- 
nation since the last institute, failed to receive a certificate. 
All others attending the institute must contribute their part 
towards its expenses by payment of a registration fee of one 
dollar. 

If the institute is held for a longer time than the fund will 
pay for, then a part of the term — not less than five days — 



SCHOOL LAWS AND DECISIONS. 171 

should be designated in advance as the time to be paid for by 
the fund, and during this part of the term it should be well 
understood that instruction is free to all entitled by the pay- 
ments they have made to attend free. 

TEACHERS — THEIR DUTIES. 

62. Must have certificate — To keep schedules and ac- 
count for property. § 52. No teacher shall be entitled to 
any portion of the common school or township fund, or other 
public fund, or be employed to teach any school under the con- 
trol of any board of directors of any school district in this state, 
who shall not at the time of his employment have a certificate 
■of qualification, obtained under the provisions of this act, en- 
titling him to teach during the entire term of his contract ; (a) 
nor shall any teacher be paid any portion of the school or 
public fund aforesaid unless he shall have kept and furnished 
schedules as herein directed, and shall have satisfactorily ac- 
counted for the books, apparatus and other property of the dis- 
trict that he may have taken in charge, (b) fJune 3 — July 1, 
1879.] 

(a) 1. Teacher must have a Certificate for ivhole Term of Con- 
tract. When a person makes a contract, he must have a cer- 
tificate good for the full term of the contract, or neither he nor 
the school board will be bound by the contract ; and the con- 
tract is not made binding by the fact that the teacher obtains 
such a certificate before he begins school. {Stevenson v. Directors, 
87 111., 285; Davis v. Directors, 92 111., 293; Butler v. Haines, 
79 Ind., 575.] 

No teacher can be required to procure more than one certifi- 
cate in order to teach the same school. In case a district lies 
* partly in two counties the teacher must obtain a certificate 
from the superintendent of the county in which the school 
house is situated. He cannot be required to have certificates 
from both superintendents. 

2. If Certificate expires during the Term. If a teacher's cer- 
tificate expires during his term of school, he will be entitled 
to bis pay for services rendered while his certificate was in 
force. 

3. A Teacher ivithout a Certificate must not be paid. The 
declaration of the law is emphatic — no teacher without a cer- 
tificate may be paid for services, and the full intent of the law 
has been sustained by the courts repeatedly. 



172 SCHOOL LAWS AND DECISIONS. 

As elsewhere stated, all funds collected from taxes levied by 
school directors, must be held subject to, and paid out upon 
the orders of the directors of the district. But the orders on 
such tax funds must be for the payment of debts legally con- 
tracted, and no others. Hence a board of directors cannot use 
any portion of such special district taxes to pay a teacher who 
taught without having the necessary certificate of qualifications. 
Directors are empowered to levy taxes for the sole purpose of 
supporting or extending the terms of such schools, and such 
only, as the law contemplates. But the law does not contem- 
plate or in any manner recognize, schools taught by teachers 
who have no certificates, and no public or special tax funds 
can, therefore, be used to pay any of the expenses of schools 
so taught. Any other interpretation of the statute would be 
absurd, because if the directors may ignore the provision in 
respect to certificates, they may ignore every other provision 
of the act, and levy taxes to pay the teachers of writing schools, 
or singing schools, or any other description of schools, how- 
ever unlike they may be to the public schools provided for in 
the statute. [Casey v. Baldridge, 15 111., 65 ; Wells v. People,. 
71 111., 532.] 

Directors who pay a teacher who has no certificate are per- 
sonally liable for the loss of school funds through their misuse 
of them. The school taught by a teacher without a certificate 
is not a legal school ; and if, on that account, the district loses 
its share of funds distributed by the trustees [see note (c). Sec. 
34], the directors are further liable personally for such loss. 
They are also liable to a fine for a failure to perform their 
duty under the law. [Sec. 77.] 

If directors employ a teacher who has not a certificate, as 
required by law, and the treasurer knows the fact, even if the 
directors certify to his schedule, the treasurer cannot pay it. 
It would be a case of open violation of a positive requirement 
of the law, and should not be overlooked. Known and palpable 
fraud always vitiates. 

Any interested taxpayer may enjoin the payment of a teacher 
who has no certificate, or may stop the payment of a judgment 
in favor of such teacher, if obtained by collusion with the di- 
rectors. [Barr v. Deniston, 19 N. H., 170; Noble v. Directors,.. 
117 111., 30.] 



SCHOOL LAWS AND DECISIONS. 173 

If a teacher teaches for a while without a certificate and then 
gets one, the directors can not pay for the time taught without 
a certificate. Neither can they pay him indirectly for such 
time by hiring him over at an advance in salary sufficient to 
make up for the time taught before he got a certificate. Public 
officers must not do indirectly what the law forbids them to do 
directly. [Wells v. People, 71 111., 532.] 

4. Substitutes and Assistants must have Certificates. The 
teacher employed as a substitute for however short a time, 
must have a certificate of qualification, make a schedule, and 
comply with all other requirements of the law, or the public 
funds can not be used in payment of the temporary services 
so rendered. One teacher cannot receive wages on the certifi- 
cate of another, or in the name of another teacher. 

All assistant teachers, special teachers of writing, etc., in- 
cluded, in the public schools, must have certificates of qualifi- 
cation from the county superintendent — there is no exception 
to the emphatic requirements of the law in respect to certifi- 
cates. 

This opinion is grounded upon the plain object of the legis- 
lature in requiring teachers to possess certificates ; which can 
be none other than to secure the employment of teachers of 
approved character and ability — a consideration of quite as 
much moment in the case of assistant teachers, as any other. 

5. Superintendents of City and Village Schools. It is held 
that the superintendent of city and village schools belongs to 
the teaching force, and should, therefore, have a certificate of 
qualification in order that he may draw his pay. 

6. Restraining the Board and the Teacher. When the direct- 
ors persist, in violation of law, in retaining a teacher who does 
not hold a certificate, any taxpayer or patron of the school 
would be entitled to an injunction to restrain the teacher or 
the board from continuing the school. The county superintend- 
ent cannot take out an injunction in such a case. [Perkins 
V. Wolf, 17 la., 228; Barr v. Deniston, 19 N. H., 170.] 

The county superintendent has discharged his whole duty in 
the premises when he has notified the directors and the teacher 
that they are violating the law and of the consequences thereof ; 
and has directed the trustees and the treasurer to pay no more 
orders drawn for such teacher's salary and to exclude the dis- 
trict from the distribution of funds the next year, unless it shall 



174 SCHOOL LAWS AND DECISIONS. 

have a school taught by a teacher holding a valid certificate 
for not less than one hundred and ten days during the year. 

When the schools of any district are operated under a special 
law, which does not give the school board of such district, in 
unmistakable terms, power to examine its teachers and grant 
them certificates, the board may lawfully employ such teachers 
only as hold certificates obtained under the general school law. 
[Board of Education v. Arnold, 112 111., 11. j 

(b) ] . Schedules — One for a School with two or more Teachers, 
The two following sections deal more in detail with the sched- 
ules. It is held that the requirement of the law, that every 
teacher shall keep a schedule, is fully satisfied if, in a school 
in which there are several teachers, there is made up a com- 
plete schedule for the whole. (If such a district is in two or 
more townships or counties, there must be separate schedules, 
as required by the next section.) One schedule for the whole 
school serves every, purpose for which schedules are kept as 
well as several ; and if kept by one teacher for all, is really 
the schedule of all: "Qui facit per alium, facit per se." The 
same rule will govern with regard to special teachers of music, 
drawing, etc. 

One schedule could be made sufficient for such a school, 
also, by inserting the names of all the teachers in the heading, 
and having each one sign it. 

2. The Teacher's Responsibility for School Froperty. A teach- 
er, while in charge of a school, has usually, for the time being, 
charge of the school premises and property. It is his duty to 
use due diligence to prevent any unreasonable injury or waste 
of them, and this is the extent of his responsibility in this 
regard. 

53. To keep registers— Form of register. § 53. 
Teachers shall keep correct daily registers of their schools, 
which shall exhibit the name, age and attendance of each pupil, 
the day of the week, the month and the year. Said registers 
shall be as nearly as may be in the following form, the absence 
of each scholar being signified by a mark, the presence by a 
blank, viz : 



SCHOOL LAWS AND DECISIONS. 



175 



Eegistee of a common school kept hy A B at in district number — 

in toiunship number range of the p^nncipal meridian, in. 

the county of in the Slate of Illinois. 



Names and ages of scholars 
attending school. 


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John Smith 


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Isaac Meisler 


11 


Sarah Danforth 


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Mary Newman 


18 


Grand total No. of days.. 






64 




Males. 


Females. 


Total. 


Number of scholars 


2 


2 


4 

































Average daily attendance 3.2 

Said register shall be furnished to the teachers by the school 
directors, and each teacher shall, at the end of his term of 
school, return his register to the clerk of the school board of 
the district, (a) 

To keep schedule— Form of schedules and certifi- 
cates of same — Delivery. Teachers shall make schedules 
of the names of all scholars under twenty- one (21) years of 
age attending their schools, in the form prescribed by this act ; 
and when scholars reside in two (2) or more districts, town- 
ships or counties, separate schedules shall be kept for each dis- 
trict, township or county. The schedule to be made and re- 
turned by the teacher shall be, as near as circumstances will 
permit, in the following form, viz : 

Schedule of a com.mon school kept by at , in district number 

in township number range number of the principal m.eridian, 

in the county of in the State of Illinois . Names and ages of scholars re- 
siding in district number in toicnship number north, range west 

county, who have attended in my school during the time beginning the day of 

\i ... and ending the day of 18... during lo hich time the schoolwas 

in session school days 



Names. 


Ages. 


Days 
attended. 


John Smith 


10 
13 
16 
18 


15 


Isaac Meisler 


11 


Sarah Danforth 


20 


Mary Newman 


IS 






Grand total number of days' attendance 


64 







176 SCHOOL LAWS AND DECISIONS. 





Males. 


Females. 


Total. 


Number of scholars 


2 


2 


4 






Average daily attendance 


3 2 











And said teacher shall add up the whole number of days' at- 
tendance of each scholar, and make out the grand total number 
of days' attendance. He shall also note the whole number of 
scholars, giving the males and females separately ; the average 
daily attendance ; and shall set the age of each pupil opposite 
the name of said pupil, as in form above prescribed, and shall 
attach thereto his certificate, which shall be in the following 
form, viz : 

I certify that the foregoing schedule of scholars attending my school as therein 
named, and residing as specified in said schedule, to the best of my knowledge and 
belief, is correct. 

A B Teacher. 

When the teacher shall have completed his or her S':3hedule or 
schedules as above required, he or she shall deliver it to some 
one (1) of the directors, who shall give the teacher a receipt 
for the same ;* and it shall be the duty of said director, in 
connection with one (1) other director of the board, to care- 
fully examine such schedule or schedules, and after correcting 
all errors, if they shall find such schedule to have been kept 
according to law, they shall certify to the same, as near as 
practicable, in the following form, viz : {h) 

State of Illinois, \ 
County. <, 

We, the undersigned, directors of (or members of board of education") 

in township number , range number in the county aforesaid, certify 

that we have examined the foregoing schedule and And the same to be correct, and 
that the school was conducted according to law ; that the teacher is paid as per con- 
tract dollars per ; that the said teacher lias a legal certificate of 

grade, and that the property of tlie district in charge of such teacher has been satis- 
factorily accounted for. 

Witness our hands day of 18 



Directors. 

Teachers' wages, when and how paid — Interest on 
same. Teachers' wages are hereby declared due and payable 
monthly; and upon certifying to the schedule as aforesaid, the 
directors may at once make out and deliver to the teacher an 
order upon the township treasurer for the amount named in 
the schedule ; which order shall state the rate at which the 
teacher is paid according to his contract, the limits of the time 
for which the order pays, and that the directors have duly 
certified a schedule covering this time.t But it shall not be 
lawful for the directors to draw an order until they have duly 
certified to the schedule ; nor shall it be lawful for the direct- 

*rormNo. 34. t Form No. 35. 



SCHOOL LAWS AND DECISIONS. 177 

ors after the date for filing schedules, as fixed by law, to cer- 
tify any schedule not delivered to them before that date by 
the teacher, when such schedule is for time taught before the 
-first of July preceding, nor to give an order in payment of the 
teacher's wages for the time covered by such delinquent 
schedule. If any order drawn for the payment of a teacher is 
presented to the township treasurer for payment, and is not 
paid for want of funds, the treasurer shall make a written 
statement over his signature by an endorsement upon such 
order, with date, showing such presentation and non-payment, 
and shall make and keep a record of such endorsement*. Such 
order shall thereafter draw interest at the rate of eight (8) per 
cent, per annum, until paid, or until the treasurer shall, in 
writing, notify the clerk of the board of directors that he has 
funds to pay such order, and of said notice the treasurer shall 
make and keep a record! ; and after giving such notice, he shall 
hold the funds necessary to pay such order until it is pre- 
sented for payment, and such orders shall draw no interest 
after the giving of said notice to said clerk of the board, (c) 
IJune 3— July 1, 1879; May 31— July 1, 1881.] 

(a) Registers. The register should be a well bound book and 
should be kept with care from the beginning to the end of each 
term. It must contain the names of all the pupils attending 
the school. Thus kept, it will be the source from which to get 
for the annual report statistics of enrollment, months of school, 
months taught and days' attendance. 

The clerk of the board of directors should see to it that the 
register has been properly kept and returned to him at the close 
of the term. 

(b) 1. Schedules. Formerly the school funds were distributed to 
the districts in part upon the days' attendance, as shown by 
schedules filed with the township treasurer, and the law did 
not require registers to be kept. The schedules were then doc- 
uments of great importance. Now their only use is to serve 
as a monthly report of attendance by the teacher to the school 
board; and, when filed with the treasurer, to furnish official 
evidence to the trustees as to whether or not the district has 
liad a legal school for the required term, and, hence, is or is 
not entitled to a share of funds distributed by them. But the 
law still makes filling out and certifying to them by the teacher, 
and approving them by the directors, conditions precedent to 
drawing the teacher's order for his pay ; so it becomes teachers 



*PorniNo. 36. tPormNo. 37. 



178 SCHOOL LAWS AND DECISIONS. 

to supply themselves with the requisite blanks and fill them 
out and deliver them to the directors, as the law prescribes. 

2. Separate Schedules. If the district is a union district with 
pupils from both townships, the teacher must make separate 
schedules of the pupils from each part of the district. So, too, 
there must be separate schedules if the district lies in two- 
counties and there are pupils from each part. 

There must be a separate schedule for pupils who attend 
the school on transfers. [Sec. 35, note (a), 2.] 

Pupils paying tuition fees should not be put upon any 
schedule. 

It is important that the directors who certify to the schedule 
should fill all the blanks in the certificate. If not filled out, 
the trustees should not receive it as evidence of a legal school. 

3. Schedule left Incomplete. When a teacher dies before 
completing his schedule, or when, from any other unavoidable 
reason, a schedule is not and can not be completed, or certi- 
fied by the teacher, the directors may return it to the town- 
ship treasurer, after correcting such errors as they may be 
cognizant of, with an affidavit or certificate, setting forth the 
reasons why it is not completed and certified by the teacher, 
and any other material facts in regard to its unfinished con- 
dition. Said affidavit or statement of the directors should be 
filed by the treasurer with said schedule, and will be a suffi- 
cient warrant for the trustees to accept the schedule and make 
apportionment thereon. 

(c) 1, Teachers' Wages Payable Monthly. The teacher is 
entitled to his wages monthly, provided only he has made out 
his schedule in proper form. The duty of the directors upon 
receiving a schedule is, first, to give the teacher a receipt for 
it, and then to examine it promptly and, upon finding it cor- 
rect, to certify to it, and then to give the teacher an order on 
the treasurer for the amount, according to contract, for the- 
time covered by the schedule. 

2. The Teacher's Order. The teacher's order for wages dif- 
fers from orders for other current expenses in three things : It 
must state (1) at what rate the teacher is paid ; (2) for what 
time it pays, and (3) that the schedule for the time has been 
duly certified. The treasurer needs to know each of these facts,, 
and he should insist upon the orders being in this form. 



SCHOOL LAWS AND DECISIONS. 179 

3. Failure to deliver Schedules. If a teacher fails to deliver to 
the directors by July seventh any schedule for time taught be- 
fore July first, the directors are forbidden by the statute to give 
him an order for such time. The reason for this is that the di- 
rectors must file all schedules with the township treasurer on 
or before July seventh each year, as provided in the following 
section. 

4. Interest on Teachers' Orders. When a teacher has deliv- 
ered his schedule, in due form, to the directors, he should be 
given his order promptly, which should be, as drawn by them, 
a sight, non-interest bearing order. This the teacher presents 
to the treasurer for payment. If it cannot be paid, the treas- 
urer must endorse it as provided in the statute and make a 
record of the same. From that date the order draws interest 
at the rate of eight per cent, per annum. But whenever the 
treasurer receives funds out of which the order may be paid, 
he must notify in writing the clerk of the board issuing the 
order to that effect and hold the funds to pay it on presenta- 
tion. He must make a record of the notice. Some provision 
of this kind for stopping interest on orders was found neces- 
sary in order to prevent their being held, with the interest run- 
ning, for a long time after the treasurer could pay them ; it is 
also allowable since, though negotiable, such orders do not 
stand upon the same footing as ordinary commercial paper. 
The holder takes them subject to all the provisions of the 
statute, which he is presumed to know. 

54. Filing" schedules— Liability of directors. § 54. 
Schedules made and certified as aforesaid, and covering all 
time taught during the school year ending June 30, shall, on 
or before the seventh day of July, annually, be delivered by 
the directors to the township treasurer ; and the directors 
shall be personally liable to the district for any loss sustained 
by it through their failure to examine and deliver to the town- 
ship treasurer all schedules within the time fixed by law. (a) 

School month — Holidays. The school month shall be 
the same as the calendar month ; but teachers shall not be 
required to teach upon Saturdays, legal holidays — these being 
New Year's, Fourth of July and Christmas — and thanksgiving 
and fast days appointed by the national or state authority ; 
nor shall they be required to make up the time lost by closing 
school upon such days or upon such special holidays as may 
be granted the schools by the board of directors, {h) [June 3 
—July 1, 1879; May 31— July 1, 1881.] 



180 SCHOOL LAWS AND DECISIONS. 

(a) Directors Liable. The schedules filed from each district 
of the township with the township treasurer serve as evidence 
for the trustees that the district has had a legal school for the 
year. If, through failure to file the schedules, such evidence 
is not presented to them, the trustees must pass the district in 
distributing funds, and any loss thus sustained through the 
neglect of the directors falls upon them personally. 

(b) 1. School Month. The school month is a calendar 
month. A calendar month is the time beginning with any day 
of any month and ending with the day preceding the day of 
the same number in the next month. A month as named, 
March, etc., is a calendar month ; so, also, are March 13 — ■ 
April 12, August 26 — September 25, both days included, calen- 
dar months. Confusion sometimes arises from the fact that 
the months are not all of the same length, but by going back 
to the starting-point it may be avoided. For instance, if the 
term of five months begins October 31, the first month ends 
November 30. The second month begins December 1, and, it 
would seem, should end with December 31 ; but two months 
from October 31 end December 30. The fourth month of the 
term would end with the last day of February, and the term 
would end March 30. 

The fact that the law declares that the school month shall 
be the calendar month makes a contract "by the month" defi- 
nite, when the term month is not defined therein. But school 
officers and teachers may agree that the month shall be four 
weeks, and such agreement binds the parties thereto. A con- 
tract may be made "by the week" or "by the day." 

2. Vacations. The effect of a vacation of one or two weeks 
is to push forward the end of the month and the end of the 
whole term under the contract one or two weeks. For instance, 
if the school month began December 15 and there was no vaca- 
tion at Christmas, the month ended January 14 ; but a vacation 
of two weeks would have made the month end January 28. So, 
too, a term of nine months, begun September 5, would end June 
4, if there were no vacation ; but a vacation of two weeks at any 
time during the term would carry forward the end to June 18. 

3. "Lost" Time. "Lost" time, if made up, must be made 
up by teaching "school" days, i. e., days which are not Satur- 
days, Sundays, or school holidays. [See note (b), 1, Sec. 48.] 
Here again confusion often arises from the difference in the 



SCHOOL LAWS AND DECISIONS. 181 

length of the month. All difficulties may be obviated by mak- 
ing up the time at the end of the term. It is for the directors 
to determine whether time which the teacher has lost shall be 
made up or not. 

4. Pay for a Fraction of a Calendar Month. The number of 
school days in a calendar month varies from twenty to twenty- 
three, and the amount due for a given fraction of a month may 
vary in the same proportion, t'oi example, if a teacher is 
paid forty-two dollars a month for a term of five months in 
which there are one hundred and five school days, the rate is 
evidently two dollars a day. But if we take one month of the 
term which has twenty school days, the pay in that month 
would be $2.10 a day; but in a month with twenty-three school 
days, the pay would be but $1.82 a day. It will be fair always 
to calculate the pay for a day by dividing the amount paid for 
the whole term by the number of days in the term. Then 
by multiplying this amount by the number of days taught in 
the part of a month, the pay for such part is found. 

This matter has been considered, not because it is thought 
to be of much importance, but because it has been in many 
instances the source of irritation and petty bickering. 

5. Holidays. Teachers are not required to teach upon the 
holidays named, thanksgiving and fast days appointed by 
national or state authority, or special holidays granted by 
school boards. Teachers are not entitled to take days in lieu of 
holidays occurring during a vacation, as Christmas and New 
Year's during a vacation of two weeks at that time. [See note 
(b), 2, above.] 

Washington's Birthday, Decoration Day and Arbor Day have 
not been made school holidays by law; so it is for school 
boards to say whether or not school shall be closed on such days. 

6. School closed because of an Epidemic, etc. If the school 
board closes the school during the term because of the preva- 
lence of a contagious disease, the teacher does not lose his 
pay, unless he consents to lose it, provided he holds himself 
in readiness to teach subject to the order of the board. There 
may be a condition of things which makes it eminently expe- 
dient and prudent to stop the schools, but no rule of justice 
will entitle the district to visit its misfortune upon the teacher 
who had no agency in bringing it about. [Deivey v. District, 
43 Mich., 480.] 



182 SCHOOL LAWS AND DECISIONS. 



TOWNSHIP TREASURER — HIS DUTIES. 

55. Bond — Approval of— Increase of— Form. § £5. 

The township treasurer, appointed by the board of trustees, 
shall, before entering upon his duties, execute a bond, with 
two or more freeholders, who shall not be members of the 
board, as securities, payable to the board of the township for 
which he is appointed treasurer, with a sufficient penalty to 
cover all liabilities which may be incurred, conditioned faith- 
fully to perform all the duties of township treasurer in town- 
ship , range , in county, according to 

law. The bond shall be approved by at least a majority of 
the board, and shall be delivered by one of the trustees to the 
county superintendent of the proper county. And in all cases 
where such treasurer aforesaid is to have the custody of all 
bonds, mortgages, moneys and effects denominated principal 
and belonging to the township for which he is appointed treas- 
urer, the penalty of said treasurer's bond shall be twice the 
amount of said bonds, notes, mortgages, moneys and effects ; 
and shall provide for the faithful accounting for, and turning 
over of, all such bonds, notes, mortgages, moneys and effects, 
as shall come into his hands while he may act as such treas- 
urer under such appointment, to his successor, when appointed 
and qualified as herein provided, by giving bond. The penalty 
of said bond shall be increased from time to time, as the in- 
crease of the amount of notes, bonds, mortgages and effects 
may require, and whenever, in the judgment of the trustees or 
county superintendent, the security is insufficient. Any and 
every township treasurer appointed subsequent to the first, as 
herein provided, shall execute bond with security, as is re- 
quired of the first treasurer. The bond required in this sec- 
tion shall be in the following form, viz: (a) 

STATE OF ILLINOIS, [ ^^ 

County. ! *■*• 

Know all men by these presents, thtit we, A. B., C. D., and E. F., are held and 

flrmly bound, jointly and severally, unto the board of trustees of township , 

ra,ns:e in said county, in the penal sum of dollars, for the payment 

of which we bind ourselves, our heirs, executors and administrators, firmly by 
these presents. 

In witness whereof, we have hereunto set our hands and seals, this 

day of , A.D.18... 

The condition of the above obligation is such, that if the above bounden A. B., 

township treasurer of township , range in the county aforesaid, shall 

faithfully discharge all the duties of said office, according to the laws which now 
are, or may hereafter be in force, and shall deliver to his successor in office, after 
such successor shall have fully qualified, by giving bond, as provided by law, all 
moneys, books, papers, securities and property which shall come into his hands or 
control, as such township treasurer, from the date of this bond up to the time that 
his successor shall have duly qualified as township treasurer, by giving such bond 
as shall be required by law, then this obligation to be void; otherwise to remain in 
full force and virtvie.* 

Approved and accepted by 

Ct. H. J A. B. [seal. 

I. •!. V CD. [SEAL. 

K. L. ) E. F. [SEAL. 

[June 3— July 1, 1879.] 

* Form No. 38. 



SCHOOL LAWS AND DECISIONS. 183 

(a) 1. Treasurer's Bond. The penalty of the bond should 
be twice the amount of moneys, notes, mortgages and effects 
in the custody, or to be in the custody of the township treas- 
urer. The bond must first be approved by the trustees, then 
filed with the county superintendent and approved by him. 
The approval in each case should be endorsed upon the bond 
with date of same, and should also be made a matter of 
record by the trustees. 

Either the board of trustees or the county superintendent 
may require an increase of the bond or additional security 
whenever they consider the bond insufficient. For liability of 
the trustees, if the treasurer's bond should prove insufficient, see 
Sec. 74. 

The treasurer's bond must be in the form prescribed by law. 
It must, also, be acknowledged by both the principal and each 
of the sureties. [Sec. 1, Chap. 103, Eev. Stat.] 

2. A Treasurer Re-appointed gives a Neiv Bond. When the 
old treasurer is re-appointed, he must give a new bond; the 
obligation of the sureties is limited to the term for which they 
are security. [Potter v. Trustees, 11 111. App. (11 Brad.), 280; 
Sec. 16, note {a), 3.] 

3. But one Bond required. No township treasurer is required 
to execute more than one official bond. When a township lies 
partly in two counties, the treasurer will file his bond with the 
county superintendent of the county in which the school sec- 
tion, or the greater part thereof, is situated ; and the certificate 
of said superintendent will be sufficient evidence to the super- 
intendent of the other county, that the treasurer's bond has 
been filed according to law. 

4. The Treasurer' s Liability. The treasurer must respond in 
money or in securities for the whole amount of the funds re- 
ceived less such sums as have been lawfully disbursed. 

"The fact that the township treasurer is required to receive 
money, and enter it in his cash book, implies without any 
other special regulations, that he is to keep it, and being re- 
quired to keep it, it follows he is to keep it safely. This is 
one of the duties of his office he has undertaken faithfully to 
discharge. Another duty, no less important, is, that he will 
deliver to his successor in office all moneys in his hands as 
such township treasurer, which he could not do if he suffered 
it to be lost out of his hands, or it should be so lost by any 
accident. The undertaking is that the money shall be in his 



184 SCHOOL LAWS AND DECISIONS. 

hands. These duties he has undertaken to perform uncondi- 
tionally. 

"The liability of the treasurer arises out of his official bond. 
He has made by that bond an express contract with the trust- 
ees, that he will keep safely the moneys which shall come to 
his hands. It is so "nominated in the bond," when that is 
read in the light of the statute prescribing his duties, and con- 
siderations of public policy forbid that he should be permitted 
to avail of any extraneous fact outside of the condition of the 
bond. The treasurer well knew and understood the contract 
he had entered into, and the extent of the obligation he had 
voluntarily incurred, and he has obtained all he contracted for — 
the possession of the office, with the emoluments attached to it. 

"We think there is no principal on which the defense can 
be sustained, the contract being absolute, without any condi- 
tion, express or implied. In these days of remorseless pecu- 
lation upon the public, by its functionaries, indeed, at all times 
public policy demands, that depositaries of the public money 
should be held to the most rigid accountability, within the terms 
and scope of their covenants. 

"They know well, on assuming their positions, the hazards 
to which they are exposed, and they voluntarily assume the 
risks, and are paid for so doing. Township treasurers, under 
our statute, sections of which we have cited, are made insurers 
of the funds coming to their possession, and nothing should or 
can excuse them but the act of God, or of the pulbic enemy. 
There would be no surety to the public, were not this the rule. 
A distinct and well defined liability is imposed on them by 
statute, and if it be not met to its fullest extent, the fact that 
the omission occurred, from misfeasance, or negligence, or other 
unavoidable accident, or by a felony committed by another, 
furnishes no defense to the action on the bond." [Thompson v. . 
Trustees, 30 111., 99; Trustees y. Smith, 88 111., 181.] 

5. Trustees may not release Treasurer and his Bondsmen. 
Township trustees have no power whatever to release township 
treasurer or the securities of a township treasurer from their 
liability on his bond. If suit is brought against a township 
treasurer, by action of debt on his bond, and judgment is ob- 
tained and execution issued, and no property of treasurer is 
found out of which to make the debt, and recourse is had 
upon the property of his bondsmen, the trustees can not, 
under any circumstances whatever, make an order releasing 
said bondsmen, and requiring the officer to desist from making 
the money out of their property. By so doing they become 
themselves liable, jointly and severally, in an action on the 
case, for the whole amount of the debt, lost by their official 



SCHOOL LAWS AND DECISIONS. 



18( 



misconduct ; and the same can be recovered in an actioii 
brought for the use of the proper township. 

6. Action on Treasurer's Bond — How and where brought. In 
all cases where recourse by suit on a township treasurer's 
bond becomes necessary, the suit should be brought by the 
board of trustees in their corporate capacity, in the circuit 
court. [Thompson v. Trustees, 30 111., 99.] 

56. Treasurer's books, how kept. § 56. Every town- 
ship treasurer shall provide himself with two well bound books, 
the one to be called a cash book, the other a loan book. He 
shall charge himself in the cash book with all moneys received 
stating the charge, when, from whom, and on what account 
received ; and credit himself with all moneys paid or loan- 
ed, stating the amount loaned, the date of the loan, the rate 
of interest, the time when payable, the name of the securities, 
or, if real estate be taken, a description of the same. He shall 
also enter, in separate accounts, moneys received and moneys 
paid out, charging the first to debit account, and crediting the 
latter as follows, to- wit : 

First. — The principal of the township fund, when paid in, 
and when paid out. 

Second. — The interest of the township fund, when received, 
and when paid out. 

Third. — The common school fund and other funds, when re- 
ceived from the county superintendent, and when paid out. 

Fourth. — The taxes received from the county or town col- 
lector, distinguishing between that for general school purposes 
and that levied for the purpose of prolonging schools. 

Fifth. — Donations received. 

Sixth. — Moneys coming from all other sources ; and in all 
cases entering the date when received, and when paid out. 
And he shall also arrange and keep his books and accounts 
in such other manner as may be directed by the state or 
county superintendent, or the board of trustees. He shall also 
provide a book, to be called a journal, in which he shall record 
fully and at length, the acts and proceedings of the board, 
their orders, by-laws and resolutions. And he shall also pro- 
vide a book, to be called a record, in which he shall enter a 
brief description of all notes or bonds belonging to the town- 
ship, and upon the opposite page he shall note down when 
paid, or any remarks to show where or in what condition it 
is, as in the following form, viz : 



Makers' Names. 


Date of Note. 


When Due. 


Am't. 


Eemarks. 


AB, CD, EF. 


January 1, 18—. 


January 1, 18—. 


S90 00 


January 6th, IS— . 
handed to I. J., for 
collection, (or Jan- 
uary 6th, ] 8—, paid, i 


—12 











186 SCHOOL LAWS AND DECISIONS. 

All the books and accounts of the treasurer shall at all times 
be subject to the inspection of the trustees, directors or other 
person authorized by this act, or by any committee appointed 
by the voters of the township, at the annual election of the 
trustees, to examine the same, (a) 

(a) 1. Treasurer's Accounts. The treasurer handles three 
classes of funds, and, in order to keep his accounts intelli- 
gently, he must keep an account with each class. The funds 
are : 

(1) The Principal of the Township Fund. 

(2) The Distributable Fund. 

(3) The District Funds. 

2. Principal of the Township Fund. The treasurer should 
keep with this fund both a cash and an investment account. 

The cash account should show, for any period, on one side 
the cash on hand at the beginning, and each amount received 
as loans are paid off from time to time, or from any other 
• source. The treasurer should remember, however, that interest 
and rents go to the distributable fund and should not be en- 
tered here. On the other side should be shown the several 
sums loaned, and losses of cash if any; and the account is 
balanced by cash on hand. 

The investment account should show at the beginning, the 
^aggregate of all classes of investments, these being notes on 
personal and real estate security, school bonds and real estate. 
It should further show the several additions to the investments, 
and the deductions, and the proper footing should give at any 
"time the amount of the principal then invested. This amount, 
with the cash on hand in the cash account, should always be 
the sum of the principal of the township fund. 

The treasurer should also keep a carefully written up inven- 
tory, or record, of all notes, bonds and real estate held as 
principal of the fund. 

3. Distributable Fund. This fund consists of all moneys re- 
ceived to be distributed by the trustees to the several districts 
of the township at their regular meetings in April and October. 
Starting with the balance, if any, left over from the preceding 
distribution, the account should show the amounts received as 
income of the township fund, interest and rents, and from the 
county superintendent on apportionments. On the other side 
it should show the amount paid the treasurer for salary; all 
incidental expenses of the treasurer allowed by the trustees 



SCHOOL LAWS AND DECISIONS. 187 

and paid out of this fund (this is the only fund they can draw 
upon for expenses) ; the amounts distributed by the trustees 
and put to the credit of the several districts, and it is balanced 
toy cash on hand. 

4. District Funds. The treasurer must keep an account 
with each district and fraction of a district in his township. 
The account should show the balance from the last settlement 
and the receipts in detail with sources — the chief being usually 
"the amounts received from the distributions by the trustees 
and from taxes. On the other side should be shown the ex- 
penditures in detail, and the account is balanced by cash on 
hand. Since all payments are upon orders, the treasurer will 
find it convenient to note the number of each order in connec- 
tion with the entry of its payment. 

5. Expert Book-keeping not demanded. It will not take an 
expert accountant to keep the treasurer's books as above indi- 
cated ; and yet, kept in that way, they will show all that they 
need show; and if they are constantly written up, a glance at 
them at any time will show how any district or any fund 
stands, and the condition of each loan. The securities and 
the books can then be easily inspected, all receipts and ex- 
penditures readily checked off, and the sum of the cash bal- 
rances in the several accounts will be the total cash on hand, 
which the treasurer may be called upon to show, 

57. Loans — Interest — Term — Amount— Securities. 
§ 57. Township treasurers shall loan, upon the following con- 
ditions, all moneys which shall come to their hands by virtue 
of their ofiice, except such as may be subject to distribution. 
The rate of interest shall not be less than six (6) per cent, nor 
more than eight (8) per cent, per annum, payable annually, 
the rate of interest to be determined by a majority of the town- 
ship trustees, at any regular or special meeting of their board. 
No loans shall be made for less than six (6) months or more 
than five (5) years. For all sums not exceeding one hundred 
dollars (|100), loaned for not more than one (1) year, two (2) 
responsible sureties shall be given ; for all sums over one hundred 
dollars (flOO), and for loans for more than one (1) year, se- 
curity shall be given by mortgage on real estate, unincumbered, 
in value double the amount loaned, with a condition that in 
case additional security shall at any time be required, the 
same shall be given to the satisfaction of the board of trust- 
ees for the time being : Provided, that nothing herein shall 
prevent the loaning of township funds to boards of school di- 
rectors, taking bonds therefor as provided in section forty-seven 



188 SCHOOL LAWS AND DECISIONS. 

(47) of this act*. Notes, bonds, mortgages and other securities 
taken for raoney or other property, due or to become due 
to the board of trustees for the township, shall be pay- 
able to the said board by their corporate name ; and in 
such name suits, actions and complaints, and every descrip- 
tion of legal proceedings, may be had for the recovery of 
money, the breach of contracts, and for every legal liability 
which may at any time arise or exist, or upon which a right 
of action shall accrue to the use of this corporation : Provided, 
however, that notes, bonds, mortgages and other securities, in 
which the name of the county superintendent, or of the trust- 
ees of schools are inserted, shall be valid to all intents and 
purposes ; and suit shall be brought in the name of the board 
of trustees, as aforesaid. The wife of the mortgagor (if he has 
one) shall join in the mortgage given to secure the payment 
of money loaned by virtue of the provisions of this act. (a) 

Surplus district funds loaned. Where there is a surplus 
of fiinus in the treasurer's hands belonging to any school district, 
he may loan the same for the use and benefit of such district, 
upon the written request of the directors of said district, and 
not otherwise; and all such loans shall be upon the same con- 
ditions as are prescribed in this section for the loaning of 
township funds, (fc) 

Statement of loans to county superintendent. The 
towiisijip treasurer shall, on or before the thirtieth (30th) day 
of September, annually, prepare and deliver to the county su- 
perintendent of his county a statement, verified by affidavit, 
showing the exact condition of the township funds. Said state- 
ment shall contain a description of the securities, bonds, mort- 
gages and notes belonging to the township, giving names of 
securities, dates, amounts of loans, rate of interest, when due, 
and all data by which a full understanding of the conditions 
of the funds may be obtained. The county superintendent 
shall preserve said statement for the use of the township, (c) 
[June 8— July 1, 1879; May 31— July 1, 1881; June 30— July 
1, 1885.] 

(a) 1. What Funds may he loaned. The law says the treas- 
urer shall loan all moneys which come into his hands by vir- 
tue of his oftice, except such as may be subject to distribution; 
but this refers to the principal of the township fund only, not 
to district funds held for district purposes. The treasurer is 
required to keep the principal of this fund constantly loaned 
at mterest so that the whole fund may be productive. 

2. Rate of Interest. Township treasurers are authorized to 
loan the principal of the township fund, at a rate of interest 
not less than six per cent., nor more than eight per cent, per 



*Forms Nos. 40 and 22. 



SCHOOL LAWS AND DECISIONS. 189 

:annum, payable annually. No action of the board of trustees 
is necessary to warrant loans at eight per cent., that being 
ihe maximum rate allowed by law ; but no loans can be made 
at a rate of interest less than eight per cent., without the ap- 
proval of a majority of the board of trustees, by whom such 
rate must be determined, 

3. Loans on Personal Security. These may not be made for 
more than one year, and one person may not be loaned more 
than one hundred dollars upon this form of security. There 
must be two sureties of such a loan in addition to the princi- 
pal — three names upon the note. When a loan of this class 
matures, if the borrower wants the money longer, the treas- 
urer, if he extends the loan, should in all cases require a new 
note. Treasurers will greatly diminish the losses of the town- 
ship fund if they adhere strictly to this rule, and collect prin- 
cipal and interest on this class of loans promptly when due. 

4. Loans on Real Estate. In making loans upon real estate 
security, the treasurer must know that the borrower has good 
title and that the mortgage given is a first lien. The value 
of the real estate must be double the amount of the loan, ex- 
clusive of the value of improvements liable to be destroyed. 
[Sec. 59.] 

By the statute of limitations, the mortgage remains a lien 
ior ten years after the maturity of the loan. 

5. Release of Mortgage. The mortgage conveys title to the 
board of trustees to which it runs ; hence, when the loan has 
been paid off, and the title is to be reconveyed, the release 
should be made by the president and the treasurer, who are 
the executive officers of the board. A release duly executed 
by two of the trustees, when the loan has been paid oft", would, 
doubtless, be sufficient. 

6. Loans to School Districts. The township fund may be 
invested in school bonds ; but on these, as on other securities, 
the interest must not be less than six per cent. The treasurer, 
in taking school bonds, should ascertain whether they have 
been issued in accordance with the law. [Sec. 47.] 

7. Trustees must not borrow from the fund. On this head 
see Sec. 42, note (/), 1 and 4. 

8. The Treasurer must not borrow from the Fund. That 
township treasurers should not and can not lawfully become 
borrowers of the school funds of the townships of which they 



190 SCHOOL LAWS AND DECISIONS. 

are treasurers, will appear trom the following considerations r 
The township treasurer is the agent of the board of trustees, 
through whom alone all loans must be affected and all con- 
tracts connected therewith be executed. In all valid contracts 
there must be at least two parties — one empowered to nego- 
tiate, the other competent to be negotiated with. These twO' 
parties can not be identical, nor the powers of each be merged 
in the same person. This would be a contradiction in terms,, 
and subversive of the primary rules of mutual obligation. Not 
only is there no one with whom the treasurer can lawfully 
make the contract in loaning to himself, but another difficulty 
presents itself. The execution of securities may be denied by 
plea of non est factum. In such case the testimony of the 
township treasurer is conclusive as proof that the securities, 
were duly executed. But suppose that plea is made by the 
township treasurer himself in denial of the execution of his 
own securities as a borrower of the fund ; how or by whom 
shall the township prove them ? What recourse would there be 
in such an emergency? All books, notes, bonds, mortgages, 
and all other evidences of indebtednes belonging to the town- 
ship, are by law, in the exclusive custody of the treasurer, who 
is required to safely keep the same, and to lay them before 
the trustees at their semi-annual meetings. [Sections 52 and 53] 
If, therefore, the treasurer loans the funds to himself, he must 
keep and hold all of his own notes and other written securi- 
ties. But this would afford strong temptation to fraud, and 
be in direct conflict with the familiar doctrine in equity that 
temptation should be removed, and a constant sense of personal 
responsibility be kept alive. 

This principle applies to. all who, like the township treas- 
urer, act in a fiduciary capacity. The treasurer must demand 
all moneys, papers, etc., belonging to the township. [Sec. 62.] 
Can he make this demand of .himself? And, if it should be- 
essential, how shall such demand be proved ? Again : If addi- 
tional securities shall be required by the trustees for the pay- 
ment of money loaned, section sixty commands the treasurer 
to institute suit for the recovery of principal and interest. 
Can he institute proceedings against himself? If not, how shall 
the additional security be obtained and the interest of the 
township be protected ? Is protection to be found in the official 
bond of the treasurer? Certainly not. The bond simply obli- 



SCHOOL LAWS AND DECISIONS. 191 

gates the treasurer to discharge all the duties of his office accord- 
ing to law. To hold that the treasurer can go and borrow the 
township funds on said bond, without giving the securities re- 
quired in section fifty-eight, would surely be the 'extreme of 
absurdity. The only ground on which the treasurer would be 
liable on his bond, in the premises, would be that of illegal 
conduct in loaning the funds to himself; but this would be 
fatal to the assumed right in question, and conclusively sus- 
tain the position here taken, that such loans are not legal, for 
' that can not be lawful, for doing which an officer would be 
liable on his own bond. Again: If default be made in the 
payment of the half-yearly interest due on township loans, 
section sixty- one commands the treasurer to bring appropriate 
action for the recovery of said interest ; and the question 
arises, as before, shall he sue himself ? If he can not bring an 
action against himself to recover the principal as required in 
section sixty, neither can he, to recover the interest as required 
in section sixty-one ; the reasons applicable to the former case 
are, mutato nomine, juSt as applicable to the latter. The treas- 
urer is the creature and agent of the trustees ; and if they may 
loan to him, or allow him to loan to himself, it is difficult to 
see why he may not loan to them, or allow them to loan to 
themselves or each other; and thus every vestige of security 
for the money would be gone; the township officers might 
speculate in the school funds without let or hindrance ; the 
desire to get control of the money would incite to fraud and 
corruption in the election of trustees and the appointment of 
treasurers ; avarice, bribery, dishonesty and deceit, would mark 
the history of the management of the funds, and the benefi- 
cent purpose of the legislature be utterly defeated. Courts of 
equity will; scrupulously examine the conduct of persons acting 
in fiduciary or trust capacities, to see that the property con- 
fided to their care is protected from waste. [Moore v. Trustees,. 
19 111., 88,] 

9. Liability of the Treasurer in making Loans. The treasurer 
is held strictly accountable on his bond to conduct the busi- 
ness of loaning the fund in accordance with the law, and this 
liability attaches as soon as a loan is made in an unlawful 
manner. It is not necessary to wait until it has been ascer- 
tained that there will be a loss ; suit may be begun at once. 



192 SCHOOL LAWS AND DECISIONS. 

[Trustees v. Misenheimer, 78 111., 22; People v. Haines, 5 Gril- 
man, 528.] 

10. Investments on other Securities. The law limits the in- 
vestments of township funds to the securities named, and the 
treasurer is by implication forbidden to make investments on 
any other security. But lending the funds on other securities 
than these mentioned and prescribed is a misapplication for 
which the treasurer is liable, as just shown above ; it does not 
discharge the borrower. [Littleivort v. Davis, 50 Miss., 403.] 

(b) Surplus Funds loaned. Loans of surplus district funds 
should be made in the name of the trustees, and in all other 
respects as the township fund is loaned, upon the written re- 
quest of directors. 

(c) Statement of Notes and Securities. This inventory of the 
notes, etc., held by the treasurer will be found very useful in 
■case the treasurer's papers are lost or destroyed in any way. 

68. Mortgage security— Form. § 58. IVTortgages to 
secure the payment of money loaned under the provisions of 
this act may be in the following form, viz : 

I. A B, of the county of and State of , do hereby grant, con- 
vey and transfer to the board of trustees of township , range , in tlie 

county of , and State of Ilhnois, for the use of the inhabitants of said 

township, the following described real estate, to-wlt: (Here insert premises.) 

Which real estate I declare to be in mortgage for the payment of dollars, 

loaned to me, and for the payment of all interest that may accrue thereon, to be 

computed at the rate of percent, per annum until paid. And I do hereby 

covenant to pay the said sum of money in years from the date hereof, and to 

pay interest on the same at the rate aforesaid. I further covenant that I have a good 
and valid title to said estate, and that the same is free from all incumbrance; and 
that I will pay all taxes and assessments which may be levied on said estate ; and 
that I will give any additional security that may at any time be required, in writing, 
by said board of trustees ; and if said estate be sold to pay said debt, or any part 
thereof, or for any failure or refusal to complv with, or perform the conditions of 
covenants herein contained, I will deliver immediate possession of the premises; 
and we, A B, and C, wife of A B, hereby release all right to the said premises which 
we may have by virtue of any homestead laws of this state ; and in consideration of 
the premises, C, wife of A B, doth hereby release to the said board all her rights and 
title of dower in the aforegranted premises, for the purposes aforesaid. 

In testimony whereof, we have hereunto set our hands and seals, this day 

■of , 18 . 

A. B. [seal.] 
A. D. [seal.] 

Which mortgage shall be acknowledged and recorded, as is re- 
quired by law for other conveyances of real estate, the mort- 
gagor paying the expenses of acknowledgment and recording, (a) 
[June 30- July 1, 1885.] 

(a) Form of ' Mortgage. This prescribed form of mortgage 
should be used by the treasurer in making all loans upon real 
estate, although the following section declares that other forms 
shall be as valid as if this were not prescribed. This form 
contains valuable stipulations and conditions which the treas- 
urer has no right to waive to the detriment of the fund by 
taking some other form not containins: them. 



SCHOOL LAWS AND DECISIONS. 193 

59. Breach — Other mortg-ag'es valid — Valuation of 
real estate. § 59. Upon the breach of any condition or 
stipulation contained in said mortgage, an action may be main- 
tained and damages recovered as upon other covenants; but 
mortgages made in any other form to secure payment, as afore- 
said, shall be valid as if no form had been prescribed. In 
estimating the value of real estate mortgaged to secure the 
payment of money loaned under the provisions of this law, the 
value of improvements liable to be destroyed shall not be in- 
cluded. 

60. Additional security. § 60. In all cases where the 
board of trustees shall require additional security for the pay- 
ment of money loaned,* and such security shall not be given, 
the township treasurer shall cause suit to be instituted for the 
recovery of the same, and all interest thereon to the date of 
judgment : Provided, that proof be made of the said requisi- 
tion, (a) 

Preference by administrators and executors. In the 
payment of debts by executors and administrators, those due 
the common school or township fund shall have a preference 
over all other debts, except funeral and other expenses attend- 
ing the last sickness, not including the physician's bill. And 
it shall be the duty of the township treasurer to attend at the 
office of the probate justice, upon the proper day, as other 
creditors, and have any debts, as aforesaid, probated and 
classed, -to be paid as aforesaid, (b) 

(a) Additional Security. Whenever the trustees require ad- 
ditional security upon any loan, they should make an order to 
that effect and record it ; and the treasurer should serve the 
borrower with a copy of the order, signed by the president, 
and himself as clerk. If additional security is not furnished 
as required, suit may be brought at once on the note if it be 
a loan on personal security, or for foreclosure, if it be a loan 
on real estate. The law on this subject forms a part of the 
contract. [Trustees v. Davison, 65 111., 124.] 

(h) Treasurer to probate Claims — Interest. A debt due the 
school fund from the estate of a deceased person is made a 
preferred claim by the statute on administration, [Chap. 3, 
§ 70, Rev. Stat. III.], and it is the duty of the treasurer to 
present such claim in due season. A failure to present within 
two years a claim against the estate of a deceased person who 
was principal on a note will release the sureties and throw 
the loss upon the treasurer. [Chap. 132, § 3, Rev. Stat. III.; 
Curry v. Mack, 90 111., 608; McHenry v. Trustees, 68 111., 140.] 

Probated claims draw but six per cent, interest. 

*Form No. 42. 



194 SCHOOL LAWS AND DECISIONS, 

61. Interest— Default on payment — Suit to recover^ 

§ 61. If default be made in the payment of interest due upon 
money loaned by any county superintendent or township treas- 
urer, or in the payment of the principal, interest at the rate 
of twelve per cent, per annum shall be charged upon the 
principal and interest from the day of default, which shall be 
included in the assessment of damages, or in the judgment in 
suit or action brought upon the obligation to enforce payment 
thereof ; and interest as aforesaid may be recovered in action 
brought to recover interest only. And the said township treas- 
urers are hereby empowered to bring appropriate actions, in 
the name of the board of trustees, for the recovery of the half 
yearly interest, when due and unpaid, without suing for the 
principal, in whatever form secured, and justices of the peace 
shall have jurisdiction of such cases of all sums of two hun- 
dred dollars, (a) 

(a) 1. Treasurer may bring Suit. If default be made by 
the borrower in the payment of interest and principal, the 
township treasurer may institute suit for the recovery of the 
same without an order from the board of trustees. It is to be 
presumed that he will avail himself of the advice and approval 
of the trustees, and obtain an order from them before com- 
mencing an action ; but such are his legal relations and obli- 
gations to the township fund that, when circumstances require,^ 
he may proceed in the premises without a formal order from 
the board of trustees. This is evident from section sixty-one 
of the act, which makes it the duty of the treasurer to pro- 
ceed to the collection of all claims due the township, when 
they mature ; and if any loss accrues from his neglect in this- 
particular, he and his securities become liable [Sec. 64], unless 
he acted, or was warranted in his failure to act, by an order 
of the board of trustees, entered upon their journal and sub- 
scribed by the president and clerk; in which case, if loss ac- 
crues, the trustees become responsible. In case of loss by the 
neglect, he is responsible for failing to collect, in proper time„ 
the debts due the township, unless he was ordered, in the 
manner prescribed above, not to collect. [Sections 61 and 64.] 

2. Computation and Calculation of Extra Interest. In order 
to collect the twelve per cent, interest upon principal or in- 
terest on which default has been made, it must be declared 
for as a penalty. [Sexton v. School Commissioners, 19 111., 51.] 

Considerable confusion and doubt have existed among treas- 
urers and others relative to the true method of proceeding under 
section sixty-one of the act, where the interest or principal (or 



SCHOOL LAWS AND DECISIONS. 195 

both) of school money loaned, is not paid when due, or has to 
be collected by law. The meaning of the law, and the duty of 
parties interested, will appear from the following analysis : 

Three cases may arise : First, when the interest only is in 
default; second, where the principal only is in default; and, 
third, where both principal and interest are in default. If the 
interest only is in default, twelve per cent, per annum must 
be assessed upon said interest, from the day of default. Thus, 
if a note is given for $100, for one year, at ten per cent., and 
the interest is a year in default, the amount of interest due 
by law is $10, added to twelve per cent, of $10, or $11.20. 
If the principal only is in default, twelve per cent, per annum 
must be assessed upon said principal from the day of default. 
Thus, if the above mentioned note should be collected a year 
after maturity, there would be due $100, added to twelve per 
cent, of $100, or $112. 

If both interest and principal are in default, there will be due, 
first. The interest of the note from date of maturity; second. 
Twelve per cent, per annum upon that interest; third. The 
principal of the note ; fourth. Twelve per cent, per annum upon 
that principal, from due till paid. Thus, if both interest and 
principal of the aforesaid note should remain wholly unpaid for 
two years, there would be due, the interest for one year ($10), 
and twelve per cent, of that interest ($1.20), and the principal 
($100), and twelve per cent, of that principal for one year 
($12). Adding these several sums together gives $123.20, the 
full amount due on final settlement. Proceed in the same way 
in any other case. ' 

A general rule, when both interest and principal are, in default, 
is as follows: 1. Find the interest on the note from date to 
maturity, at the given rate per annum, and to said interest 
add twelve per cent, per annum thereof. 2. Find twelve per 
cent, per annum of the principal from maturity to settlement, 
and add the same to said principal. 3. Add the sums ob- 
tained under the two foregoing heads, and the result will be 
the amount due on final settlement. In other words, to the 
principal of the note add as follows : 1. Interest at the rate 
prescribed in the note, from date to maturity. 2. Twelve per 
cent, per annum of said interest. 3. Twelve per cent, per annum 
on said principal from maturity to settlement. 



196 SCHOOL LAWS AND DECISIONS. 

On this subject the supreme court says : 

"Two classes of cases are embraced by this act ; one, where 
interest is due and unpaid ; the other, where principal is due 
and payable. In the former case, the amount of unpaid inter- 
est bears interest at the rate of twelve per cent, per annum ; 
and it may be sued for and recovered in a separate action. 
In the latter case, the principal debt bears interest at the rate 
of twelve per cent, per annum, from the time it falls due. The 
provisions of this act do not apply to the principal when the 
debtor is in no default respecting it. It is only when the prin- 
cipal is due and payable that the rate of interest upon it is 
increased. This, we are satisfied, was the real intention of the 
legislature, although it must be admitted that the intention is 
not as clearly expressed as in the act of 1835. A different con- 
struction would render the law highly penal in its character. 
If twelve per cent, interest was to be charged upon the princi- 
pal on every failure to make a payment of interest, it would 
operate very severely upon the debtor. Loans are made for 
five years ; and the penalty for failing to pay a few installments 
of interest might exceed the principal debt. Such a construc- 
tion ought not to be put upon the law, unless it manifestly 
appears that it was the design of the legislature." [Trustees v. 
Bihh, 14 111., 371.] 

62. Actions in name of trustees— Treasurer to de- 
mand moneys, books and papers— To keep funds at 
interest. § 62. All suits brought, or actions instituted under 
the provisions of this act, may be brought in the name of 
"board of trustees of township , range ," ex- 
cept as is provided for action qui tarn in this act, or in favor 
of county superintendents. The township treasurer shall de- 
mand, receive and safely keep, according to law, all moneys, 
books and papers of every description belonging to his town- 
ship. He shall keep the township fund loaned at interest; 
and if, on the first Monday in October in any year, there shall 
be any interest or other funds on hand which shall not be re- 
quired for distribution, such amount, not required as aforesaid, 
may, if the board of trustees see proper, forever be considered 
as principal in the funds to which it belongs, and loaned as 
such, (a) 

(a) 1. Suits. The suits which may be brought by trustees 
are suits relating to school township and school district prop- 
erty. 

2. Demand for Moneys, Books and Papers. It is the right 
and duty of township treasurers to demand that all moneys, 
books and papers of every description, belonging to his town- 
ship, be delivered to him, and he must receive and safely keep 
the same according to law. 



SCHOOL LAWS AND DECISIONS. 197 

This provision of the statute relates only to funds belonging 
to the school township. For the right to demand and to hold 
district funds, see sections 40, 45 and 46. 

The "books and papers" to be demanded and safely kept in- 
clude all books of record and account, all deeds of school 
property and all teachers' schedules on file. These form a part 
of the official documents of the treasurer's office, and their 
preservation may, hereafter, be of much legal and historical, 
importance. 

No official papers can lawfully be destroyed. 

3. Must Keep Funds at Interest. Township treasurers are 
required to keep the principal of their respective township funds 
constantly loaned at interest, and no part of said principal 
can be permitted to remain unproductive, without a violation 
of law. 

4. Additions to Township Funds. The purpose of the law is 
to distribute the interest on the fund ; there nowhere appears 
any purpose to build up the principal out of the income. 
Hence it would appear that the trustees should not exercise the 
power here given them so long as the districts of the township 
are raising money by taxation for the support of schools. See, 
also, Sec, 66. 

63. Treasurer's statements to trustees, semi-annual, 
annual. § 63. On the first Mondays of April and October, 
of every year, the township treasurer shall lay before the board 
of trustees a statement showing the amount of interest, rents, 
issues and profits that have accrued or become due since their 
last regular half yearly meeting, on the township lands and 
township funds, and also the amount of state and county fund 
interest on hand. He shall also lay before the said trustees 
all books, notes, bonds, mortgages and all other evidences of 
indebtedness belonging to the township, for the examination of 
the trustees, and shall make such other statement as the board 
may require touching the duties of his office. He shall make 
out, annually, and present to the board of trustees at their 
meeting succeeding the annual election, a complete exhibit of 
the fiscal affairs of the township and of the several districts or 
parts of districts in the township, showing the receipts of 
moneys, and the sources from which they have been derived, 
and the deficit and delinquencies, if there be any, and the 
cause, as well as a classified statement of moneys paid out, 
and amount of obligations remaining unpaid, {a) 

To districts— To be posted at district elections. 
And he shall, within two days after the first Monday of April 
and of October in each year, make out for each district or 



198 SCHOOL LA.WS AND DECISIONS. 

part of district in the township, a statement or exhibit of the 
exact condition of the account of such district or part of dis- 
trict; which statement or exhibit shall show the balance at the 
time of making the last exhibit and the amount received since 
up to the time of making the exhibit, and when and from what 
source received ; it shall also show the amount paid out during 
the same time, to whom paid and for what purpose ; it shall 
be balanced and balance shown. The exhibit shall be sub- 
scribed and sworn to by the treasurer before any officer au- 
thorized to administer an oath, and shall then, by the treasurer, 
be, without delay, delivered, or transmitted by mail, to the 
clerk of the board of directors of the proper district, and it 
shall be the duty of said clerk, upon receiving such exhibit, to 
enter the same upon the records of the district*, and at the 
next annual election of directors thereafter the directors shall 
cause a copy of such exhibits to be posted up at the front 
door where such election is held : Provided, that the first exhibit, 
made under the requirements of this act, shall be made with- 
in two days after the first Monday of October, 1879, and shall 
commence with the balance on the first Mondav in April, 
1879. (h) 

And for a failure on the part of the treasurer, clerk of any 
board of directors, or any director to comply with any of the 
requirements of this section, required of him, he shall be liable 
to penalty of not less than five dollars nor more than fifty 
dollars, to be recovered before any justice of the peace of the 
county in which the offense is committed : Provided, further, 
that it shall be the duty of said treasurer to comply with any 
demand the said trustees may make as to the verification of 
any balance reported to be on hand, (c) [June 3 — July 1, 1879.] 

(a) Treasurer' s Statement to Trustees. The treasurer must 
make to the trustees at both regular meetings a statement con- 
cerning the township fund, particularly with regard to the in- 
come and other funds held for distribution, in order that they 
may make the apportionment as required by Sec. 34. At the 
October meeting he must make a fuller statement, which shall 
include all the district accounts. It is the duty of the trust- 
ees to audit all these accounts with care. 

ih) Treasurer' s Statement to Director's. There should be no 
failure on the part of the treasurer to make these statements 
to the several districts promptly. These exhibits will enable 
the directors to proceed understandingly in making their ex- 
penditures and in levying their taxes. The statements should 
be recorded and the originals kept on file. 



Form No. 43. 



SCHOOL LAWS AND DECISIONS. 199 

(c) Verification. The verij&cation of the cash by. actual count 
is an essential part of every examination, and should be made 
upon a purely business basis ; the personal relations existing 
l)etween the trustees and the treasurer should not interfere 
with making it. 

64. Further penalty — Released —Liability of trust- 
ees. § 64. For any failure or refusal to perform all the 
duties required of township treasurer by law, he shall be liable 
to the board of trustees upon his bond, to be recovered by 
action of debt by said board, in their corporate name, for the 
use of the proper township, before any court having jurisdic- 
tion of the amount of damages claimed ; but if said treasurer, 
in any such failure or refusal, acted under and in conformity 
to a requisition or order of said board, or a majority of them, 
entered upon their journal and subscribed by their president 
and clerk, then and in that case the members of the said 
board, aforesaid, or those of them voting for said requisition 
or order, aforesaid, and not the treasurer, shall be liable, jointly 
and severally, to the inhabitants of the township, to be re- 
covered by an action of assumpsit, in the official name of the 
county superintendent of schools, for the use of the proper 
township, (a) 

(a) Release of Treasurer. It is difficult to say how far the 
treasurer may be released from his responsibility under the 
law by any action of the trustees. But if we may judge from 
the two cases passed upon by the supreme court in which such 
release was claimed, the treasurer will not readily secure im- 
munity. That he should not is evident; for he alone gives a 
bond, while the trustees are not under bond, and, in some in- 
stances, are not financially responsible. 

The burden of proving the order of the board rests upon the 
treasurer. The trustees must formally order the act, or the 
responsibility will not be transferred to them. [Trustees v. 
Misenheimer, 78 111., 22; Lovingston v. Trustees, 99 111., 564.] 

65. Treasurer to deliver to successor — Penalty. 
§ 65. When a township treasurer shall resign, or be removed, 
and at the expiration of his term of office, he shall pay over 
to his successor in office all money on hand and deliver over 
all books, notes, bonds, mortgages, and all other securities for 
money, and all papers and documents of every description, in 
which the corporation may have any interest whatever; and 
in case of the death of the township treasurer, his securities 
and legal representatives shall be bound to comply with the 
requisitions of this section. And for any failure to comply 
with the requisitions of this section, he shall be liable to a 
penalty of not less than ten nor more than one hundred dol- 



200 SCHOOL LAWS AND DECISIONS. 

lars, at the discretion of the court before which judgment may^ 
be obtained; and the obtaining or payment of said judgment 
shall in nowise discharge or diminish the obligation of his 
official bond, (a) 

(a) Treasurer must turn over Moneys, etc., to Successor. When 
a township treasurer resigns, or is removed, or when his term 
of service expires, he is required to turn over to bis successor 
all funds, books and papers belonging to the township. His 
official bond is also expressly so conditioned. If he fail to 
comply with this obligation, and neglect or refuse to turn over 
all moneys and papers to his successor, he is not only liable 
on his official bond, but also to a separate and special "pen- 
alty of not less than ten nor more than one hundred dollars;" 
the payment of which leaves him still liable, as fully as before, 
upon his official bond. In case suit should be necessary to 
compel the treasurer to turn over the funds and papers of the 
township to his successor as aforesaid, it should be brought by 
the township trustees, in their corporate name, in an action of 
debt, or replevin, or both. 

As to the extent of the treasurer's liability, see note (a), 4, 
Sec. 55, and cases there cited. 

The criminal code prescribes a heavy punishment for any 
officer who fails to turn over moneys, etc., to his successor on 
demand. [Chap. 38, §§ 215-219, Eev. Stat.] 

TOWNSHIP AND COUNTY SCHOOL FUNDS. 

66. Township fund and county fund. All bonds, 
notes, mortgages, moneys and effects, which have heretofore 
accrued or may hereafter accrue, from the sale of the six- 
teenth section of the common school lands of any township or 
county, or from the sale of any real estate or other property, 
taken on any judgment or for any debt due to the principal of 
any township or county fund, and all other funds of every 
description, which have been or may hereafter be carried to 
and made part of the principal of any township or county 
fund, by any law which has heretofore been, is now, or may 
hereafter be enacted, are hereby declared to l3e, and shall for- 
ever constitute the principal of the township or county fund, 
respectively, and no part thereof shall ever be distributed or 
expended for any purpose whatever, but shall be loaned out, 
and held to use, rent or profit, as provided by law. (a) 

Interest distributed — Added to principal. But the 
interests, rents, issues and profits, arising and accruing from 
the principal of said township or county fund, shall be dis- 
tributed in the manner and at the times as provided in this 



SCHOOL LAWS AND DECISIONS. 201 

act ; nor shall any part of such interest, rents, issues and 
profits be carried to the principal of the respective funds, ex- 
cept as provided in section sixty-two of this act. (&) 

(a) 1. Sixteenth Section, or Totviiship Fund. The act passed by 
Congress April 18, 1818, enabling the people of the Territory 
of Illinois to form a constitution and a state government, con- 
tained this with other propositions: "The section numbered 
sixteen in every township, and when such section has been 
sold or otherwise disposed of, other lands equivalent thereto, 
and as contiguous as may be, shall be granted to the state, 
for the use of the inhabitants of such township, for the use of 
schools." 

The constitutional convention, assembled pursuant to this 
act, accepted these propositions with the conditions attached 
by an ordinance passed August 26, 1818. 

Through these acts the state acquired full title to these 
lands as a purchaser, subject, however, morally, to the pro- 
vision that the lands were granted "for the use of schools. "^ 
[Bradley v. Case, 3 Scammon, 585.] 

A formal declaration, like that in the section under consider- 
ation, does not appear in the statutes until the law of 1855, 
but the ownership of the state and the rights of the townships 
had been fully recognized from the first in the legislatures of 
the state. 

See, also, the provisions of the present constitution and the 
comments thereon, page 10. 

2. County Fund. The county funds were created by the act 
of February 7, 1835. They are managed by the county super- 
intendent. [Sec. 19.] 

(h) 1. Income, how disposed of. The income of the town- 
ship fund goes into the distributable fund held by the treas- 
urer and is distributed by the trustees. [Sections 5Q, 34.] 

The income of the county fund is distributed by the county 
superintendent according to the provisions of Sections 16 and 19. 

2. Additions to Toicnship Funds. On this subject see Sec. 
62, note (a), 3. 

67. Paying out school funds. § 67. School funds col- 
lected from special taxes, levied by order of school directors, 
or from the sale of property belonging to any district, shall 
be paid out on the order of the proper board of directors ; and 
all other moneys and school funds, liable to distribution, paid 
into the township treasury, or coming into the hands of the 
—13 



202 SCHOOL LAWS AND DECISIONS. 

township treasurer, shall, after said funds shall have been ap- 
portioned by the township trustees, as required in section thir- 
ty-four (34) of this act, be paid out only on the order of the 
proper board of directors, signed by the president and clerk 
of said board, or by a majority of said board, (a) 

Funds of union districts. But when a district is com- 
posed of parts of two or more townships, the township treas- 
urer or treasurers who do not receive the tax-money of said 
district shall, when they hold any funds belonging to said dis- 
trict, notify the directors thereof of the amount of such funds ; 
and the directors shall thereupon give the treasurer who re- 
ceives the tax- money of said district, an order for such funds, 
and upon receipt thereof he shall hold them to be paid out as 
aforesaid, (b) 

Form, of order. For all payments made, receipts shall be 
taken and filed. In all such orders shall be stated the pur- 
pose for which, or on what account drawn. Said orders may 
be in the following form, viz : 

The treasurer of , towaship No , range No , in 

county, will pay to or bearer dollars and cents [on his 

contract for repairing school house, or whatever the purpose may be.] 

By order of the board of directors of school district No , in said township. 

A B, President. 
CD, Clerk. 

Which order, together with the receipt of the person to whom 
paid, shall be filed in the office of the township treasurer: 
Provided, that when an order is paid in full, such order, if 
properly endorsed by the person in whose favor it was drawn 
and his assigns, if any, or by the person to whom paid, if 
drawn payable to bearer, shall be a sufficient receipt, for the 
purposes of this section, (c) [June 3 — July 1, 1879.] 

(a) 1. District Funds Subject to Order of District Board 
only. District funds may be paid out by the treasurer holding 
them upon a proper order of the school board of the district, 
signed by two of its members. [Langdale v. People, 100 111., 
263.] But in case a new district is formed any adjustment of 
funds between the old district and the new may be made by 
the trustees and the treasurer without an order from the school 
board. [See note (k), 10, Sec. 33.] 

Also, when pupils are transferred from one district to 
another in the same township, the treasurer upon receiving the 
separate schedules can make the necessary transfer of funds 
from one district to the other without an order by the directors. 
[See note (a), 2, Sec. 35.] 

One director may not sign an order for another ; it is a 
power which may not be delegated. [Glidden v. Hopkins, 47 
111., 525.] 



SCHOOL LAWS AND DECISIONS. 203 

A subsequent board of directors cannot ratify an illegal act 
of their predecessors. The acts of each board must stand by 
themselves. An order void in its inception cannot be made 
valid by the act of any succeeding board, or by the promise 
of any official to pay it. [IhicL] 

As a general rule, township treasurers must pay all orders 
regularly drawn and expressing upon their face for what pur- 
pose they were drawn; and for paying such orders they incur 
no responsibility ; the orders being in themselves good prima 
facie authority for such payment. But an order in favor of 
a member of the board of directors [Sec. 42, note if)], unless 
for the clerk's services, is presumptively illegal ; an order to a 
teacher who has no certificate must not be paid [Sec. 52] ; 
and any order which the directors forbid him to pay, or about 
which he has or obtains such information as leads him to 
think it of doubtful legality, he should investigate with care, 
and if he find it fraudulent or invalid for any cause, he should 
refuse to pay it. 

(&) Funds of Union Districts. Section forty-five makes it 
the duty of the directors of a union district to order in writ- 
ing the collectors of taxes to pay the moneys they collect for 
the district to one of the treasurers. In furtherance of the 
same purpose we have power granted to the directors of a 
union district to transfer funds from one treasurer to another, 
and thus consolidate all its funds in one treasurer's hands and 
keep its accounts with but one man. 

(c) 1. Orders. A school order must express upon its face 
the purpose for which it is issued. If it does not, it is void. 
[Glidden v. Hopkins, 47 111., 525. J 

School orders should be drawn neither payable on time nor 
with interest; i. e., they should be payable at sight and should 
contain no stipulations about interest. [Clark v. Directors, 78 
111., 474.] 

The teacher's order for wages is not an exception to this 
rule. As issued by the directors, it should be payable at sight 
and should be drawn without interest. It may draw interest by 
reason of non-payment and endorsement of the treasurer, but 
not otherwise. 

The treasurer has no power to make any other order than 
a teacher's order for wages draw interest. 



204 SCHOOL LAWS AND DECISIONS. 

The only legal order, payable on time and with interest 
would be one issued for building purposes pursuant to a vote 
and in place of a bond. [Folsom v. Directors, 91 111., 402.] 

A school order may pass by indorsement so as to vest title 
in the assignee and authorize him to institute suit thereon in 
his own name. But there is a wide difference between the 
rights of the assignee of such an order and the rights of the 
assignee of a promissory note or bill of exchange before ma- 
turity. He must, at his peril, ascertain what defences can be 
interposed against its collection. [Neivell v. Directors, 68 
111., 514.] 

A school board has no power to make acceptances of orders 
so as to bind the school district and create a right of action 
against it. [Peers v. Board of Education, T2> 111., 508.] 

COMMON SCHOOL FUNDS. 

68. state school fund. § 68. The common school fundi 
of this state shall consist of the proceeds of a two-mill tax, 
to be levied upon each dollar's valuation of the property in the 
state, annually, until otherwise provided by law; the interest 
on what is known as the school fund proper, being three per 
cent, upon the proceeds of the sales of the public lands in the 
state, one-sixth part excepted, and the interest on what is 
known as the surplus revenue, distributed by act of congress,, 
and made a part of the common school fund by act of the 
legislature, IMarch 4, 1837. (a) 

(a) State Tax for School Purposes. In section one of an act 
to provide the necessary revenue for state purposes, approved 
May 3, 1873, it was provided that there should be levied "for 
state school purposes, to be designated state school fund (in 
lieu of the two-mill tax therefor) $1,000,000 annually." By the 
twenty-third clause of the act making appropriations the same 
year for the expense of the state government, this amount was. 
appropriated to the counties hota. the state school fund, and 
the auditor was authorized to "issue his warrant, on the proper 
evidence that the amount distributed had been paid to the 
county school superintendents." Substantially the same course 
has been taken by the subsequent general assemblies. 

69. State interest. § 69. The state shall pay the inter- 
est mentioned in the next preceding section at the rate of six 
per cent, per annum, annually, to be paid into and become part, 
of said school fund, (a) 



SCHOOL LAWS AND DECISIONS. 205 

(a) State indebted to the School Funds. The state has bor- 
Towed and used the school fund proper with the surplus rev- 
enue fund added to it, as above, the college fund and the semin- 
ary fund. The aggregate of these funds is about eleven 
hundred and sixty-five thousand dollars. Of the interest a little 
more than fifty-six thousand dollars goes to the common school 
fund. About thirteen thousand dollars goes to the two state 
normal. schools, which share it equally. 

70. Apportionment of state fund — Warrants applied 
in collectors' settlements. § 7U. On the first Monday m 
January, in each and every year next after taking the census 
of the state, the auditor of public accounts shall ascertain the 
number of children in each county in the state, under twenty- 
one years of age, and shall thereupon make a dividend to each 
-county of tbe sum from the tax levied and collected under the 
provisions of the sixty-eighth section of this act, and of the 
interest due on the school fund proper and surplus revenue, 
in proportion to the number of children in each county under 
the age aforesaid, and issue his warrant to the superintendent 
of schools of each county upon the collector thereof. And 
upon presentation of said warrant by the county superintend- 
ent to the collector of his county, said collector or treasurer 
shall pay over to the county superintendent the amount of 
said warrant out of the first funds which may be collected by 
him, and not otherwise appropriated by law, taking said super- 
intendent's receipt therefor. The warrants issued by the audi- 
tor of public accounts for the school fund tax and for the in- 
ierest of the school fund proper and surplus revenue, shall be 
received by the state treasurer in payment of amounts due to 
ihe state from county collectors ; and on presentation by the 
state treasurer of said warrants to the auditor, he shall issue 
his warrant to said treasurer on the school fund for the amount 
of the school fund tax warrants, and on the revenue fund for 
the amount of the warrants for interest on the school fund 
proper and surplus revenue. Dividends shall be made as 
aforesaid, according to the proportions ascertained to be due 
to each county, annually thereafter, until another census shall 
have been taken, and then dividends shall be made and con- 
tinued as aforesaid, according to the last census, (a) 

Suit against defaulting- collector. Provided, that if any 
collector shall fail or refuse to pay the amount of the afore- 
said warrant, or any part thereof, by the first day of March, 
annually, or so soon thereafter as it may be presented, it shall 
he competent for the county superintendent to proceed against 
«aid collector and his securities in an action of debt, in any 
court having competent jurisdiction ; and the said collector 
shall pay twelve per centum, to be assessed as damages, upon 



206 SCHOOL LAWS AND DECISIONS. 

the amount due, and which shall be included in the judgment 
obtained against him. (b) 

(a) Apportionment by State Auditor on the U. S. Census. 
Inasmuch as there has been no census taken by state author- 
ity since 1835, the apportionment by the auditor is made upon 
the U. S. census. 

(h) County Superintendent Entitled to Full Amount of Audi- 
tor s Warrants. The warrants issued by the auditor of public 
accounts to county superintendents of schools, upon county 
collectors, both those for the school tax fund and for the in- 
terest on the school fund, must in all cases be paid in full by 
said collectors. No deduction can be made for commissions. 
Those warrants are issued simply as a matter of convenience, 
to save the trouble of paying the money into the state treas- 
ury and then paying it out again to the county superintendents 
of schools. Collectors take receipts of county superintendents 
for the full amount of the warrants paid, and on settlement 
with the auditor they are credited with the full amount speci- 
fied in said receipts, the same as if the money had been actu- 
ally paid into the treasury. County superintendents have 
nothing whatever to do with the commissions of collectors ; 
said commissions are allowed and paid by the auditor on final 
settlement of collectors with the state ; and if any collector 
withholds any part of the sum specified in the warrants, on 
account of commissions, or on any other account, after the 
amount of said warrants is collected and payable, it is the 
duty of the superintendent to proceed against said collector 
and his securities, in an action of debt, in the county court, 
which has full and complete jurisdiction in the premises. And 
the collector must pay, as penal damages, twelve per centum 
upon the amount due and in default. 

COMPENSATION OF OFFICEKS. 

71. Of county superintendent. § 71. County superin- 
tendents elected hereafter shall receive, in full for all services 
rendered by them, commissions as follows: Three per cent, 
commissions upon the amount of sales of school lands, or of 
sales of land upon mortgage, or of sales of real estate taken 
for debt, including all services therewith. Two per cent, com- 
mission upon all sums distributed, paid, or loaned out by them 
for the support of schools. For all other duties required by 
law to be performed by them four dollars (|4.00) a day for 
such number of days as shall be spent in the actual perform- 



SCHOOL LAWS AND DECISIONS. 207 

ance of their duties, not exceeding the number fixed by the 
county boards in counties in which the boards are given power 
to fix the number of days by section (20) of this act, and one 
dollar ($1.00) a day for expenses for the number of days 
actually spent in school visitation, (a) 

Of assistants. The assistants of the county superintend- 
ents shall receive such compensation as may be fixed by the 
connty boards, (b) 

Bills — Auditor to pay — Amount. The county superin- 
tendents shall present, under oath or affirmation, their itemized 
bills for their per diem compensation and for the expenses al- 
lowed by this act when visiting schools, together with a report 
of all their acts and doings as such county superintendent or 
assistant, including a list of such schools visited, with the dates 
of visitation, to the county board at their annual meeting in 
September, and as near quarterly thereafter as said board may 
have regular or special meetings, and after the bills have 
been audited by the county board, the county clerk shall cer- 
tify to this upon the bills, and transmit them to the auditor 
of public accounts, who shall, upon receipt of them, remit in 
payment thereof to each superintendent his warrant upon the 
state treasurer for the amount certified to be due him. And 
the auditor, in making his warrant to any county for the amount 
due it from the state school fund, shall deduct from it the 
several amounts for which warrants have been issued to the 
county superintendent of said county since the next preceding 
apportionment of the state school fund, (c) [June 26 — July 1, 
1885.] 

(a) 1, Commissions. The commissions which the county 
superintendent receives are to pay for his services in selling 
school lands and loaning, distributing and paying school funds, 
and for the heavy responsibilities he assumes in connection 
therewith. [See note (a), 2, Sec. 11.] 

The county superintendent is entitled to three per cent, of 
the amount realized from all sales of school lands made by 
him. When a sale of school lands is made by the superin- 
tendent, and the amount for which the lands are sold is not 
actually paid in, but loaned to the purchaser or purchasers, 
he is entitled to three per cent, for selling and two per cent, 
for loaning. When the purchaser of school lands pays the 
full price of the land to the commissioner in cash, the money 
so received should be paid to the township treasurer, to be 
loaned by him. But if the treasurer waives his right to receive 
and loan said funds, and the township trustees request it, the 
county superintendent, acting as the agent of the trustees, may 
negotiate the loan and perform all the services connected there- 



208 SCHOOL LAWS AND DECISIONS. 

with, retaining the commissions allowed by law. The notes, 
mortgages and other securities, in such cases, must be made 
payable to the board of trustees, by their proper corporate 
name, the same as if the loan had been made by the town- 
ship treasurer, as required by section fifty-seven. 

Besides loans made in connection with land sales, the county 
superintendent loans the county fund in counties having such 
a fund, and receives commissions therefor. 

He distributes and pays out "for school purposes" those sums 
only which he pays over to township treasurers according to 
Sec. 16 ; and the commission is two per cent, of the amount 
paid over. 

2. Per Diem Compensation. With regard to the power of 
the county board to fix the number of days, see note (a), Sec, 20. 

(b) Pay of Assistants. The assistant of the county superin- 
tendent must be paid out of the county treasury. With refer- 
ence to the appointment of assistants, see note (b), Sec. 20. 

(c) The County Superintendents' Bills. The auditor of public 
accounts furnishes a blank bill in a form which complies with 
the law. This blank, duly filled out and accompanied by de- 
tailed report of official work, must be submitted by the county 
superintendent to the county board. When the bill has been 
audited by the board and certified by the county clerk, he 
sends it to the state auditor for payment. 

As to the power of the county board in the premises, see 
note (6), 5, Sec. 14, and note {a). Sec. 20. 

As to when these bills shall be audited and paid, see Sec. 
115. 

72. Pay of treasurer— Exemption of trustees and 
directors. § 72. Township treasurers shall receive, in full 
for their services, a compensation, to be fixed prior to their 
election, by the board of trustees. Trustees of schools, school 
directors or other school officers performing like duties, shall 
Le exempted from road labor and from military duty, {a) 

{a) 1. Township Treasurers' Compensation. The township 
treasurer is appointed in the even-numbered years at the meet- 
ing for organization held by the trustees, within ten days after 
the election in April. [Note (b), 2, Sec. 32.] Before the treas- 
urer is appointed at that meeting, the board should fix his 
compensation. The salary, as fixed, is for all services, both 
as clerk of the board of trustees and as treasurer; and he 
may be given no additional compensation during his term of 



SCHOOL LAWS AND DECISIONS. 209 

of&ce for. the performance of any duties connected therewith. 
The statute in express terms forbids any such additional com- 
pensation. [Lovingston v. Trustees, 99 111., 564.] 

2. Compensation of Trustees and Directors. The law makes 
no provision for paying trustees and directors beyond granting 
iihem exemptions from road labor and military duty. They 
may not, therefore, be paid for any official service ; for a public 
officer can not be paid for any services required of and per- 
formed by him. [Brimer v. Madiso7i County, 111 111., 11.1 

The only exception to this is, that the clerk of the board of 
directors may be paid for clerical services. [Sec. 42.] 

3. Exemption. The phrase "or other school officers per- 
forming like duties" includes members of boards of education 
under section eighty and special laws, but does not include 
school treasurers; for their duties are not "similar to those of 
directors and trustees," and, besides, the statute gives them 
compensation. 

The exemption from "road labor" does not mean exemption 
from road tax. [McDonald v. Madison County, 43 111., 22.] 

LIABILITIES OF OFFICEES. 

73. For conversion of funds. § 73. If any county 
•superintendent, trustees of schools, township treasurer, director 
or any other person intrusted with the care, control, manage- 
ment or disposition of any school, college, seminary or town- 
ship fund for the use of any county, township, district or 
school, shall convert such funds, or any portion thereof, to his 
own use, he shall be liable to indictment, and, upon convic- 
tion, shall be fined in not less than double the amount of 
money converted, and imprisoned in the county jail not less 
than one nor more than twelve months, at the discretion of 
the court, (a) 

(a) Conversion of Funds. For provision of the criminal code 
in relation to such offenses, see Chap. 38, §§ 80, 81, Kev. 
Stat. 111. 

74. Trustees liable for treasurer's sureties. § 74. 

Trustees of schools shall be liable, jointly and severally, for 
the sufficiency of securities taken from township treasurers ; 
and in case of judgment against said treasurers and their 
securities, for or on account of any default of such treasurer, 
on which the money shall not be made for want of sufficient 
property whereon to levy execution, actions on the case may 
l)e maintained against said trustees jointly and severally, and 
the amount not collected on said judgment shall be recovered 



210 



SCHOOL LAWS AND DECISIONS. 



with costs : Provided, that if said trustees can show, satisfac- 
torily, that the security taken from the treasurer as aforesaid 
was, at the time of said taking, good and sufficient, they shall 
not be liable as aforesaid. 

76. Real estate of school oflB.cers held. § 75. The 
real estate of county superintendents, of township treasurers 
and all other school officers, and of the securities of each of 
them, shall be bound for the satisfaction and payment of all 
claims and demands against said superintendents and treas- 
urers and other officers, as such, from the date of issuing pro- 
cess against them, in actions or suits brought to recover such 
claims or demands, until satisfaction thereof be obtained ; and 
no sale or alienation of real estate by any superintendent, 
treasurer or other officer, or security aforesaid, shall defeat the 
lien created by this section, but all and singular such real estate 
held, owned or claimed as aforesaid, shall be liable to be sold 
in satisfaction of any judgment which may be obtained in such 
actions or suits, {a) 

{a) Heal Estate of School Officers held. By this provision of 
the law it is made impossible for any school officer or his 
sureties to evade any liability to any school fund by disposing 
of his real estate after suit has been begun against him. The 
lien attaches, if judgment is rendered, from the date of issuiug^ 
process. [Snyder v. Spaidding, 57 111., 480.] 

76. Penalties against school oflB.cers — Removal of 
director by county superintendent. § 76. Trustees of 
schools, or either of them, failing or refusing to make returns 
of children in their township, according to the provisions of 
this act, or if either of them shall knowingly make a false 
return, the party so offending shall be liable to a penalty of 
not less than ten dollars nor more than one hundred dollars, 
to be recovered by action of assumpsit, before any justice of 
the peace of the county ; which penalty, when collected, shall 
be added to the township fund ; and if any county superintend- 
ent, director or trustee, or either of them, or other officer whose 
duty it is, shall negligently or willfully fail or refuse to make, 
furnish or communicate the statistics and information, or shall 
fail to discharge the duties enjoined upon them, or either of 
them, at the time and in the manner required by the provis- 
ions of this act, such delinquent or party offending shall be 
liable to a fine of twenty-five dollars, to be recovered before 
any justice of the peace, on information, in the name of the 
People of the State of Illinois, and when collected to be paid 
to the county superintendent of the proper county, for the use 
of schools ; and any director failing to perform his duties as 
director, under this act, may be removed by the county super- 
intendent, and a new election ordered, as in other cases of 
vacancy, (a) 



SCHOOL LAWS AND DECISIONS. 211 

(a) 1. Comjjelling Directors to perform Official Duties. Man- 
damus is the proper remedy to compel directors to discharge 
their official duties. [See note (/), 10, Sec. 48.] 

2. Penalty recovered on Information. In any suit to recover 
a fine imposed under the last part of this section, the "infor- 
mation" required need not be in writing, nor is it necessary 
that it should run in the name of the People of the State of 
Illinois. It is sufficient if the process which brings the defend- 
ant into court runs in the name of the People. The word "in- 
formation," as used in this section, means "complaint." [Neiv- 
ton V. People. 72 111., 507.] 

3. Removal of a Director. Any director failing to perform 
his duties, as director, under this act, may be removed by the 
county superintendent, and a new election ordered, as in other 
cases of vacancy. A willful refusal to sign a contract made 
with a teacher, or to accept and file it, or to draw orders for 
a teacher's pay during the currency of the contract, and an 
obstinate neglect to furnish necessary school house supplies 
may be taken into account in proceedings for a removal. Noth- 
ing is more likely to injure schools than meanness and unfair- 
ness in dealing with teachers. [Geddes v. Thomastown, 46 
Mich., 316.] 

Before proceeding to remove, due notice must be given the 
delinquent director, so that he may have an opportunity to 
avoid removal by attention to his duties. If there is continued 
failure, the superintendent will inform the delinquent director, 
in writing, of his removal from office, and also file with the 
township treasurer a written notice of the same. It will then 
be the duty of the remaining directors to order an election to 
fill the vacancy. The remedy is a harsh one, and the county 
superintendent should not resort to it unless the exigencies of 
the case plainly demand an exercise of this power. 

77. OfB.cers responsible for losses. § 77. County su- 
perintendents, trustees of schools, directors and township treas- 
urers, or either of them, and any other officer having charge 
of school funds or property, shall be responsible for all losses 
sustained by any county, township or school fund, by reason of 
any failure on his or their part to perform the duties required 
of him or them by this act, or by any rule or regulation au- 
thorized to be made by this act ; and each and every one of 
the officers aforesaid shall be liable for any such loss sustained 
as aforesaid, and the amount thereof may be recovered in a 
civil action before any court having jurisdiction thereof, at the 



■212 SCHOOL LA.WS AND DECISIONS. 

suit of the state of Illinois, for the use of the county, town- 
ship or fund injured ; and the amount, when collected, shall 
be paid to the proper officer for the benefit of said county, 
township, or fund injured, (a) 

Sectarian appropriations and grants prohibited. No 
<30unty, city, town, township, school district or other public 
corporation shall ever make any appropriations or pay from 
any school fund whatever, anything in aid of any church or 
sectarian purpose, or to help support or sustain any school, 
academy, seminary, college, university or other literary or 
scientific institution controlled by any church or sectarian de- 
nomination whatever ; nor shall any grant or donation of money 
or other personal property ever be made by an such corpora- 
tion to any church, or for any sectarian purpose ; and any of- 
ficer or other person having under his charge or direction 
school funds or property, who shall pervert the same in the 
manner forbidden in this section, shall be liable to indictment, 
and upon conviction shall be fined in a sum not less than 
double the value of the property so perverted, and imprisoned 
in the county jail not less than one or more than twelve 
months, at the discretion of the court, (b) 

Officers not to be interested in sale of books or ap- 
paratus. No teacher, state, county, township or district school 
officer, shall be interested in the sale, proceeds or profits of 
any book, apparatus or farniture used or to be used in any 
school in this state with which such officer or teacher may be 
connected, and for offending against the provisions of this sec- 
tion shall be liable to indictment, and upon conviction shall 
be fined in a sum not less than twenty-five nor more than five 
hundred dollars, and may be imprisoned in the county jail not 
less than one nor more than twelve months, at the discretion 
of the court, (c) 

(a) Liability for Loss or Misuse of Funds. If school officers 
squander or misuse or lose school funds, this section affords a 
complete remedy at law against them. [Moore v. Fessenbeck, 88 
III., 422.] 

(b) Sectarian Appropriations, etc. On this subject, see Art. 8, 
§ 3, Const. 1870; Sec. 39 (&), 14; Sec. 48 (c), 2. 

(c) School Officers prohibited from selling Books, etc. The 
township school treasurer is included in this prohibition, since 
he is a school officer. See, also, Art. 8, § 4, Const. 111., 1870. 

78. No costs taxed against school officers. § 78. No 
justice of the peace, probate justice, constable, clerk of any 
court, or sheriff, shall charge any costs in any suit where any 
agent of any school fund, suing for the recovery of the same, 
or any interest due thereon, is plaintiff, and shall be unsuc- 
cessful in such suit, (a) 



SCHOOL LAWS AND DECISIONS. 21S 

(a) 1. Costs of Suit to recover School Funds. In suits brought 
for the recovery of any debt due the school fund, counsel may 
be employed, when necessary, and a reasonable fee be allowed 
from the proper school fund. When such suits are unsuc- 
cessful no costs can be charged by any court before which the 
case is tried, nor by any constable, sheriff, etc. The clause, 
being restrictive of the common rule in respect to costs, must, 
be limited, in construction to the particular cases described. It 
is not meant to grant immunity from costs where suits are 
brought and judgments rendered against school ofdcers or their 
agents, but only when actions are commenced by them, and 
are not successful. 

2. Suits against School Officers personally. All suits brought 
against school directors, school trustees and other school offi- 
cers individually, must be defended by such officers at their 
own expense. Judgments and costs, if entered against school 
officers in such cases, must be paid by them. It would be a 
misappropriation of school funds to use them for such a pur- 
pose. 

OF CITIES AND INCOKPOEATED TOWNS. 

79. This act not to repeal special acts — School 
officers to report statistics to county superintendent. 

§ 79. This act shall not be so construed as to repeal or 
change, in any respect, any special acts in relation to schools 
in cities having less than one hundred thousand inhabitants, 
or incorporated towns, townships or districts, except that it 
shall be the duty of the several boards of education or other 
officers of any city or incorporated town, township or district, 
having in charge schools under the provisions of the said 
special acts, or of any ordinance of any city or incorporated 
town, on or before the fifteenth day of August preceding each 
regular session of the general assembly of this state, or annu- 
ally, if required so to do by the state superintendent, to make 
out and render a statement of all such statistics and other informa- 
tion in regard to schools, and the enumeration of persons, as 
is required to be communicated by township boards of trustees- 
or directors under the provisions of this act, or so much there- 
of as may be applicable to said city or incorporated town, to 
the county superintendent of the county where such city or 
incorporated town is situated, or of the county in which the 
larger part of such city or town is situated ; nor shall it be 
lawful for the county superintendent, or any other officer or 
person, to pay over any portion of the common school fund to 
any local treasurer, school agent, clerk, board of education, or 
other officer or person of any township, city or incorporated 



214 SCHOOL LAWS AND DECISIONS. 

town, unless a report of the number of persons and other statis- 
tics relative to schools, and a statement of such other informa- 
tion as is required of the board of trustees or directors as 
aforesaid, and of other school officers and teachers, under the 
provisions of this act, shall have been filed at the time or times 
aforesaid, specified in tfiis section, with the superintendent of 
schools of the proper county, as aforesaid, (a) 

Educational institutions to report to state superin- 
tendent. It shall also be the duty of the president, prmcipal 
or other proper officer of every organized university, college, 
seminary, academy, or other literary institution heretofore in- 
corporated or hereafter to be incorporated in this state, to make 
out or cause to be made out and forwarded to the office of 
the superintendent of public instruction on or before the fif- 
teenth day of August in each year, a report setting forth the 
amount and estimated value of real estate owned by the cor- 
poration ; the amount of other funds and endowments, and the 
yearly income from all sources ; the number of instructors ; 
the number of students in the different classes ; the studies 
pursued and the books used; the course of instruction; the 
terms of tuition, and such other matters as may be specially 
requested by said superintendent, or as may be deemed proper 
by the president or principal of such institutions, to enable the 
superintendent of public instruction to lay before the legisla- 
ture a fair and full exhibit of the affairs and conditions of 
said institutions, and of the educational resources of the state. 
[June 3— July 1, 1879.] 

(a) 1. Special School Laivs in City Charters and in Separate 
Acts. When certain sections in a city charter make the city a 
school district and require the city officers to perform certain 
duties in~relation to schools, the district and the officers are 
to be regarded^as the agencies chosen by the state to provide 
a system of free schools, and there are, in fact, two separate 
and distinct corporations with different purposes and objects. 
The one has its existence and is limited in the powers it may 
exercise by^its charter proper ; the other, by the school law. 
The laws on the subject of schools, whether in city charters, 
in amendments to charters or in separate acts not purporting 
to be a part^of|aJcharter, may be regarded as school laws — as 
part of the law intended to provide a system of free schools. 
[Speight v. People, 87 111., 595; Fuller v. Heath, 89 111., 296.] 

Two conclusions follow from the principles laid down by the 
supreme court in'these cases : (1) When the same charter 
creates a municipal^corporation and a school corporation, the 
organization of the municipal corporation under the general 
law in relation^to cities operates as a repeal of the municipal 



SCHOOL LAWS AND DECISIONS. 215 

charter proper, but does not modify or repeal the part of the 
charter relating to schools. [Fuller v. Heath, 89 111., 296.] 

(2). Since the special school law constitutes a part of the 
law intended to provide a system of free schools, it and the 
general law must be construed together. The school board 
under the special law is still subject to the general law, except 
in so far as the provisions of the special are different from 
those of the general law. Thus, in Board of Education v. Ar- 
nold, 112 111., 11, the supreme court held that the school board 
of Galesburg, though given by its special law exclusive man- 
agement and control of the schools of the district, inasmuch 
as it was not given power to examine teachers and grant them 
certificates, might lawfully employ such teachers only as held 
certificates granted under the general law. 

2. Special School Laws given up. Section eighty provides a 
way by which a school organization under a special law may 
be abandoned and the district brought together under the gen- 
eral law ; and the course there laid down is the only way pro- 
vided by law for this purpose. It must be followed both when 
the schools are organized under a separate law and when they 
are under a law which stands on the statute book as a part of 
a city charter. 

3. Special District may not he changed by School Trustees. 
When a district is established and its territory defined by an 
act of the legislature, unless it is so provided by the terms of 
the act, the trustees of schools may not change the bounda- 
ries of such district. [Schaefer v. People, 20 111., App. (20 
Erad.), 605.] 

4. Reports of Special Districts. Whether a special district 
should report to the county superintendent or to the township 
treasurer is usually determined by the special act under which 
it has been organized. If it reports as a district to the treas- 
urer, it should make its report on or before July 7th [Sec. 42.] ; 
but if it reports as a township to the county superintendent, 
it should report on or before July 15th [Sec. 36]. This is 
necessary in order that the reports of the trustees and the 
county superintendent may be made at the time named in the 
statute. If a special district reports to the county superin- 
tendent and yet receives funds from the trustees, it must give 
the trustees oflicial notice every year that it has had a legal 



216 SCHOOL LAWS AND DECISIONS. 

school, and state what numher of persons under twenty- one 
years of age it has. 

5. Treasure?' of Special District. "When a special district has 
its own treasurer, according to its special law, he must, as a 
condition of receiving money from them, give the county su- 
perintendent or the township treasurer from whom he is to 
receive funds satisfactory evidence that he has been elected or 
appointed, and has given bond as the special law requires. 

6. Residents of a Special District may not vote for Trustees, 
It is held that when a school district is created by a special 
act of the legislature, out of territory situated in one or more 
congressional townships, and a special school board is created, 
with corporate powers, the inhabitants of such special district 
can not vote at the regular township elections for township 
school trustees. The private law conferring corporate powers 
upon a portion of a township, negatives the right of the inhab- 
itants to be regarded as a part of the body politic of the school 
township. In a similar case in the city of Galena, the court 
decided that the inhabitants had no right to vote for school 
purposes outside of the city limits. 

7. Tax Levy in Special Districts. Usually special school laws 
contain some provisions with regard to taxation for school pur- 
poses. These are modified by section forty-three. See, also, 
note (a), 2, under that section. 

8. General Laivs regarding Special Districts. See sections 
119-125. 

80. School la-wr applicable to cities and villages. 
§ 80. Incorporated cities and villages, except such as now have 
charge and control of free schools by special acts, shall be and 
remain parts of the school townships in which they are re- 
spectively situated, and be subject to the general provisions of 
the school law, except as otherwise provided in this section, {a) 

Board of education in districts of t^wo thousand in- 
habitants—First election— To succeed directors— Terms 
of office fixed. In all school districts havmg a population 
of not less than two thousand inhabitants, and not governed 
by any special act in relation to free schools now in force, 
there shall be elected, instead of the directors provided by law 
in other districts, a board of education, to consist of six mem- 
bers, and three additional members for every additional ten 
thousand inhabitants, to be elected in the manner provided by 
section forty-two of this act for the election of school directors. 
At the first election of directors succeeding the passage of this 
act, in any district having a population of not less than two 



SCHOOL LAWS AND DECISIONS. 217 

thousand inhabitants by the census of 1870, and in such other 
districts as may hereafter be ascertained by any special or 
general census to have a population of not less than two 
thousand inhabitants, at the first election of directors occurring 
after taldng such special or general census, there shall be elected 
a board of education, who shall be the successors of the di- 
rectors of the district; and all rights of property and rights 
and causes of action existing or vested in such directors shall 
vest in said board of education in as full and complete a man- 
ner as was vested in the school directors. Such board, at its 
first meeting, shall fix, by lot, the terms of office of its mem- 
bers, so that one-third shall serve for one year, one-third for 
two years, and one-third for three years ; and thereafter one- 
third of the members shall be elected annually, on the first 
Saturday in April, to fill the vacancies occurring, and to serve 
for the term of three years, (b) 

Po-wers and duties of board. Such board shall have 
power, and it shall be their duty, in addition to or inclusive 
of the powers and duties of school directors : 

First. — To establish and support free schools not less than 
six nor more than ten months in each year. 

Second. — To repair and improve school houses, and furnish 
them with the necessary fixtures, furniture, apparatus, libraries 
and fuel. 

Third. — To buy or lease sites for school houses, with the 
necessary grounds. 

Fourth. — To establish schools of different grades, and make 
regulations for the admission of pupils into the same. 

Fifth. — To levy a tax annually upon the taxable property of 
the district, in the manner provided by section forty-four of 
this act, for the purpose of supporting and maintaining free 
schools in accordance with the powers herein conferred : Pro- 
vided, that it shall not be lawful for such board of education 
to purchase or locate a school house site, to purchase, build 
or move a school house, or levy a tax to extend schools be- 
yond the period of ten months in each year, except upon peti- 
tion of a majority of the voters of the district. 

Sixth. — To examine and employ teachers, and fix the amount 
of their salaries. 

Seventh. — To employ, should they deem it expedient, a com- 
petent and discreet person or persons as superintendent or 
superintendents of schools, and fix and pay a proper salary 
or salaries therefor; and such superintendent may be required 
to act as principal or teacher in such schools. 

Eighth. — To lay off and divide the district into sub-districts, 
and from time to time to alter the same, create new ones and 
consolidate them. 

Ninth. — To visit all the public schools as often as once a 
month, to inquire into the progress of scholars, and the govern- 
—14 



218 SCHOOL LAWS AND DECISIONS. 

ment of the schools ; to prescribe the method and course of 
disciphne and instruction in the respective schools, and to see 
that they are maintained and pursued in the proper manner, (c) 

May expel pupils, remove teacliers, apportion 
scholars. They shall have power to expel any pupil who may 
be guilty of gross disobedience or misconduct, and to dismiss 
and remove any teacher, whenever, in their opinion, he or sha 
is not qualified to teach, or whenever from any cause the in- 
terests of the schools may, in their opinion, require such re- 
moval or dismission. They shall have power to apportion the 
scholars to the several schools. 

By-laws— Rules and regulations. It shall be the duty 
of the board of education to establish all such by-laws, rules 
and. regulations for the government, and for the establishment 
and maintenance of a proper and uniform system of discipline 
in the several schools, as may, in tbeir opinion, be necessary. 

Care of school property — Supplies. It shall be the 
duty of said board to take charge of the school houses, furni- 
ture, ground and other property belonging to the district, and 
see that the same are kept in good condition, and not suffered 
to be unnecessarily injured or deteriorated, and also to provide 
fuel and such other necessaries for the schools as, in their 
opinion, may be required in the school houses or other prop- 
erty belonging to the district. 

President— Secretary — Record — Yeas and nays. The 
said board shall appoint a president (who shall be one of their 
own number) and a secretary, and provide themselves with a 
well bound book, at the expense of the school tax fund, in 
which shall be kept a faithful record of all their proceedings. The 
yeas and nays shall be taken, and entered on the records of 
the proceedings of the board upon all questions involving the 
expenditure of money. 

Powers exercised only at meetings— Annual report. 
None of the powers herein conferred upon the board of educa- 
tion shall be exercised by them except at a regular or special 
meeting of the board. The board of education shall annually 
prepare and publish in some newspaper, or in pamphlet form, 
a report of the number of pupils instructed in the year pre- 
ceding, the several branches of education pursued by them, of 
the number of persons between the ages of twelve and twenty- 
one unable to read and write, and the receipts and expendi- 
tures of each school, specifying the source of such receipts and 
the objects of such expenditures. 

Conveyances— School fund subject to order of board. 
All conveyances of real estate shall be made to the township 
trustees, in trust for the use of schools, and no conveyance 
of any real estate or interest therein, used for school purposes 
or held in trust for schools, shall be made except by the board 
of trustees, upon the written request of such board of educa- 
tion. All moneys raised by taxation for school purposes or re- 



SCHOOL LAWS AND DECISIONS. 219' 

ceived from the state common school fund or from any other 
source for school purposes, shall be held by the township 
treasurer as a special fund for school purposes, subject to the 
order of the board of education, upon warrants signed by the 
president and secretary thereof, (d) 

Special la"w may be abandoned — Organization under 
general law. Any city, incorporated town, township or dis- 
trict in which the free schools are now managed under any 
special act, may, by vote of its electors, cease to control such 
schools under such special act, and become a part of the school 
township in which it is situated, and subject to the control of 
the trustees thereof, under and according to the provisions of 
this act. Upon petition of fifty voters of such city, town, 
township or district, presented to the board having the control 
and management of schools in such city, town, township or 
district, it shall be the duty of such board at the next ensuing 
election to be held in such city, town, township or district, to 
cause to be submitted to the voters thereof, giving not less 
than fifteen days' notice thereof by posting not less than five 
notices in the most public places in such city, town, township 
or district, the question of "Organization under the Free School 
Law;" and if it shall appear, on a canvass of the returns of 
said election, that a majority of the votes cast at such election 
are "For Organization under the Free School Law," then at 
the next ensuing regular meeting of the board of trustees of 
the township or townships in which such city, incorporated 
town, township or district is situated, said trustees shall pro- 
ceed to redistrict the township or townships as aforesaid, in 
such manner as shall suit the wishes and convenience of a 
majority of the inhabitants in their respective townships, and 
to make a division of funds and other property in the manner 
provided by section thirty-three of this act, and at the next 
ensuing election of director, directors or a board of education^ 
as the case may be, shall be elected in each of the new dis- 
tricts so formed, as provided in section forty-two of this act. (e) 

Powers of board in cities of over one hundred 
thousand inhabitants exercised with concurrence of 
city council. In cities having a population exceeding one 
hundred thousand inhabitants, the board of education shall 
have charge and control of the public schools in such cities, 
and shall have power, with the concurrence of the city 
council — 

First. — To erect or purchase buildings suitable for school 
houses, and keep the same in repair. 

Second. — To buy or lease sites for school houses, with the. 
necessary grounds. 

Third. — To issue bonds for the purpose of building, furnish- 
ing and repairing school houses, for purchasing sites for the 
same, and to provide for the payment of said bonds ; to borrow 
money for school purposes upon the credit of the city. 



220 SCHOOL LAWS AND DECISIONS. 

Exclusive powers of the board. The board of ecluca- 
iion shall have power — 

First. — To furnish schools with the necessary fixtures, furni- 
ture and apparatus. 

Second. — To maintain, support and establish schools, and 
supply the inadequacy of the school funds, for the salaries of 
school teachers, from school taxes. 

Third. — To hire buildings or rooms for the use of the board. 

Fourth. — To hire buildings or rooms for the use of schools. 

Fifth. — To employ teachers and fix the amount of their com- 
pensation. 

Sixth. — To prescribe the school books to be used, and the 
studies in the different schools. 

Seventh. — To lay off and divide the city into school districts, 
and from time to time to alter the same and create new ones, 
as circumstances may require, and generally to have and pos- 
sess all the rights, powers and authority required for the proper 
management of schools, with power to enact such ordinances 
as may be necessary or deemed expedient for such purposes. 

Government and control of schools — Examination of 
teachers. Schools in such cities shall be governed as here- 
inafter stated, and no power given to the board shall be exer- 
cised by the city council. The board of education shall have 
the entire superintendence and control of the schools, and it 
shall be their duty to examine all persons offering themselves 
as candidates for teachers, and when found well qualified, to 
give them certificates thereof gratuitously ; to visit all the pub- 
lic schools as often as once a month ; to inquire into the pro- 
gress of scholars, and the government of the schools ; to pre- 
scribe the method and course of discipline and instruction in 
the respective schools, and to see that they are maintained 
and pursued in the proper manner; to prescribe what studies 
shall be taught, what books and apparatus shall be used. They 
shall have power to expel any pupil who may be guilty of 
gross disobedience or misconduct, and to dismiss and remove 
any teacher, whenever in their opinion he or she is not quali- 
fied to teach, or whenever from any cause the interests of the 
school may, in their opinion, require such removal or dis- 
mission. They shall have power to apportion the scholars to 
the several schools. It shall be their duty to establish all such 
by-laws, rules and regulations for the government and for the 
establishment and maintenance of a proper and uniform system 
of discipline in the several schools, as may, in their opinion, 
be necessary. They shall determine, from time to time, how 
many and what class of teachers may be employed in each of 
the public schools, and employ such teachers and fix their 
compensation. It shall be the duty of the said board to take 
charge of the school houses, furniture, ground and other prop- 
erty belonging to the school districts, and see that the same 
are kept in good condition and not suffered to be unnecessarily 



SCHOOL LAWS AND DECISIONS. 221 

injured or deteriorated, and also to provide fuel and such other 
necessaries for the schools as in their opinion may be re- 
quired in the school houses or other property belonging to said 
districts. 

Manner of conducting- business and records. The 
said board shall appoint a president and secretary, the presi- 
dent to be appointed from their own number, and shall ap- 
point such other oflicers and employes as such board shall 
deem necessary, and shall prescribe their duties and compen- 
sation and terms of office ; and the said board shall provide 
well bound books, at the expense of the school tax fund, in 
which shall be kept a faithful record of all their proceedings. 
The yeas and nays shall be taken and entered on the records 
of the proceedings of the board, upon all questions involving* 
the expenditure of money. None of the powers herein con- 
ferred upon the board of education shall be exercised by them 
except at a regular meeting of the board. 

Reports. It shall be the duty of the board to report to 
the city council, from time to time, any suggestions that they 
deem expedient or requisite in relation to the schools and the 
school fund, or the management thereof, and generally to 
recommend the establishment of such schools and districts. 
The board of education shall prepare and publish an annual 
report, which shall include the receipts and expenditures of 
each school, specifying the source of such receipts, and the 
object of such expenditures. They shall also communicate to 
the city council, from time to time, such information within 
their possession as may be required. 

Leases — Loans— Conveyances. They shall have power 
to lease school property and to loan moneys belonging to the 
school fund ; but all conveyances of real estate shall be made 
to the city in trust for the use of schools, and no sale of reai 
estate or interest therein used for school purposes or held in 
trust for schools, shall be made except by the city council^ 
upon the written request of such board of education. 

Funds held by city treasurer subject to order of 
board — City not liable. All moneys raised by taxation for 
school purposes, or received from the state common school 
fund, or from any other source for school purposes, shall be 
held by the city treasurer as a special fund for school pur- 
poses, subject to the order of the board of education, upon- 
warrants to be countersigned by the mayor and city clerk ; but 
said board of education shall not add to the expenditures for 
school purposes anything over and above the amount that 
shall be received from the state common school fund, the 
rental of school lands, and the amount annually appropriated 
for such purposes. If said board shall so add to such ex- 
penditures the city shall not, in any case, be liable therefor. 

Appointment of board— Vacancy. From and after the 
time this act shall take effect, the board of education in such 



222 SCHOOL LAWS AND DECISIONS. 

cities shall consist of j&fteen members, to be appointed by the 
mayor, by and with the advice and consent of the common 
council, five of whom shall be appointed for the term of one 
year; five for the term of two years, and five for the term of 
three years ; and at the expiration of the term of any mem- 
bers of said board their successors shall be appointed in like 
manner. Any vacancy which may occur shall be filled by the 
appointment of the mayor, with the approval of the common 
council, for the unexpired term. Any person having resided 
in such city more than five years next preceding his appoint- 
ment, shall be eligible to said office. 

Board not to levy taxes. Nothing herein shall be so 
construed as to authorize any board of education to levy or 
collect taxes, or to require the city council to levy and collect 
any tax upon the demand or under the direction of such board 
■of education. (/) 

(a) Incorporated Cities and Villages under the General School 
Law. The change from directors to a board of education is, 
in one sense, a mere change in local autonomy ; none of the 
powers previously exercised are lost, none of the restrictions 
previously imposed are abated by the change, and no new 
powers are acquired except such as are specifically conferred 
by this section. 

(y) 1, Special or General Census. A general census is one 
taken all over the state by state or national authority. The 
statute does not enjoin upon any one the taking of a special 
census in order to ascertain whether a district has the pre- 
scribed population ; it is left optional with the local authori- 
ties to take such special census or not. It is held that such 
census may be taken either by the board of directors of the 
'district, or by order of the board- of trustees of the township 
in which such district is situated. 

If the census is taken by the directors, their resolution or 
order requiring it to be done, should be duly spread upon their 
records ; and when the enumeration is completed, the result, 
^showing the number of inhabitants found to be in the district, 
;should also be entered of record by the clerk of the board. If 
the number is found to equal or exceed two thousand, then, 
at some stated or special meeting an order should be made 
:and recorded that a board of education be elected at the next 
ensuing election of directors. If the special census is taken 
by order of the trustees, the result, duly certified and sworn 
to by the person or persons employed to do the work, should 
be filed by the trustees with the board of directors, whose duty 



SCHOOL LAWS AND DECISIONS. 223 

it will then be to take the necessary steps for the election of 
a board of education in and for said district, as aforesaid. If 
after the filing of such certified statement the directors refuse 
or neglect to order the election of a board of education, as re- 
quired by law, it will become the duty of the township treas- 
urer to order such election, as provided by the forty-second 
section of this act in respect to other cases of default on the 
part of directors. And the election held in pursuance of such 
order by the treasurer will be legal and valid, the same as if 
held by order of the directors, and the board of education so 
elected will be duly authorized, and it will be their duty, to 
proceed to organize and take charge of the schools of the dis- 
trict, as enjoined by law. I am authorized to say that the 
attorney general concurs in the foregoing opinion. 

2. Time of the Election. The first election must be, as pro- 
vided in Sec. 42, on the third Saturday in April ; subsequent 
elections will come on the first Saturday. 

3. Election of President. For statute requiring election of 
president, see Sec. 116. 

4. Vacancy in the Board. Since there is no special pro- 
vision in the statute for filling vacancies in a board of educa- 
tion, the same rule must be followed with regard to them as 
with regard to vacancies in a board of directors. [Sec. 42 and 
note {a), 8.] 

(c) 1. Powers and Duties of School Boards. As stated in 
note (a), above, the change from a board of directors to a 
board of education does not involve to any great extent a 
change of the powers and actions of the governing board. No 
attempt is made in this section to give an exhaustive enumer- 
ation of these powers and duties. In commenting upon them, 
for the most part, subjects already discussed will not be con- 
sidered again ; and so for many matters of common interest 
i>o boards of education and boards of directors, the reader is 
referred to §§ 34, 35, 39, 42-54, 63, 67, and the notes upon 
them. 

2. Term of School. The minimum term of a legal school in 
a district of not less than two thousand inhabitants is six 
months. [Compare § 48 and see § 34.] 

3. Tax Levy. The levy is restricted to two per cent, for 
educational and three per cent, for building purposes, for the 
power given here to raise money must be exercised subject to 



224 SCHOOL LAWS AND DECISIONS. 

the limitation of section forty-three, since there is no intima- 
tion in the section that it is not subject thereto. 

4. Petition needed to authorize Board to act. A petition by 
a majority of the legal voters of the district is necessary to- 
give the board of education power to locate a school site^ 
build a school house or extend schools beyond the maximum 
of ten months. Similar powers are exercised by the board of 
directors when the propositions to build, etc., have been duly 
submitted to vote and have prevailed. [Sec. 48 and note (/); 
also Sec. 42, iiote (a), 3.] 

5. Vote needed to authorize the Board to act upon Certain 
Other Propositions. But the board of education can borrow 
money or refund outstanding loans, only by submitting these 
propositions to a vote just as a board of directors must. 
[Ibid.] 

As to introducing "other branches, including music and 
drawing," the board of education has the same power as the- 
board of directors ; the board may act of its own motion, or 
the proposition may be submitted to a vote. [Sec. 50 and 
note if).] 

6. Examination oj Teachers. Boards of education are held 
to possess substantially the same rights and powers, and to be 
charged with about the same duties, in respect to the em- 
ployment of teachers, as ordinary boards of school directors. 
They cannot employ, or pay from any school fund, a teacher 
who does not hold a certificate granted by the county superin- 
tendent, but they are not required to accept such certificate 
as final and conclusive ; they are not debarred the privilege 
(possessed by all boards of directors) of inquiring further into 
the character and abilities of the teacher, and accepting or re- 
jecting him according to the result of such further inquiry.. 
Indeed it is made the duty of the board to institute such ad- 
ditional and independent examination into the fitness and 
worthiness of the persons whom they propose to employ as 
teachers, and to govern themselves accordingly. But a regular 
certificate from the county superintendent of schools is never- 
theless to be understood as a condition precedent to the legal 
employment or payment of a teacher. 

7. Removal of Teachers. The board of education seems ta 
be given larger powers than school directors in regard to dis- 



SCHOOL LAWS AND DECISIONS. 225 

missing teachers ; but the courts have not passed upon the 
meaning of the language used in the statute in this connec- 
tion. 

(d) 1. President of the Board. The provision of the act of 
July 17, 1887, will require the election of a president of the 
board of education by the people in all the districts in which 
the schools are operated under this part of Sec. 80. [Sec. 116.] 

2. Secretary of the Board. The secretary of the board of 
education may be a member of the board, or he may be some 
other person. The secretary may be paid for clerical services, 
as the clerk of the board of directors may. [Sec. 42.] 

3. Report published. School directors make their report to 
the voters at the annual election, and they also post at that 
time, upon the door of the building where the election is held, 
the two preceding semi-annual statements received from the town- 
ship treasurer. [Sec. 42 and note (c) ; Sec. 63 and note (6).] 
This published report is in place of what is required of the 
directors. 

4. Sale of Real Estate. Eeal estate held by the trustees of 
schools for a district under a board of education may be dis- 
posed of by the trustees , on the written request of the board. 
No petition by the voters is needed, as in the case of a dis- 
trict under a board of directors. [Sec. 39 and note (c).] 

{e) Surrender of a Special School Law. A special school law 
may be repealed by the legislature; and the effect of such a 
repeal would be to restore the statu quo of the time when the 
special law was enacted. But if the special law is given up 
in the way provided in this section, the effect is to open up 
the whole township (or townships if the special district be in 
more than one township) to be redistricted, the trustees hav- 
ing the same power as in a newly organized township under 
the first clause of Sec. 33. 

Another effect is to vest the title to the property of the origi- 
nal district in the trustees of schools of the township, and to 
transfer its funds to the township treasurer, if they had been 
held in some other name or by other hands. 

When the trustees have in this way reorganized the town- 
ship, or any part of it — for they need not, unless they deem it 
better so to do, disturb the other districts — they must call an 
election in the new district or districts, etc., etc., as provided 
in Sec. 33. 



"226 SCHOOL LAWS AND DECISONS. 

(/) Cities ivith over One Hundred Thousand Inhabitants. 
This part of the section appHes to the city of Chicago alone, 
and is, therefore, passed without comment. 

COMMON SCHOOL LANDS. 

What are common school lands. § 81. Section number 
sixteen in every township granted to the state by the United 
States for the use of schools, and such sections and parts of 
sections as have been or may be granted, as aforesaid, in lieu 
of all or part of section number sixteen, and also the lands 
which have been or may be selected and granted as aforesaid, 
for the use of schools to the inhabitants of fractional town- 
ships, in which there is no section number sixteen, or where 
such section shall not contain the proper proportion for the use of 
schools in such fractional townships, shall be held as common 
school lands ; and the provisions of this act referring to com- 
mon school lands, shall be deemed to apply to the lands afore- 
said, (a) 

(a) Common School Lands. See note (a). Sec. 66 for some 
account of these lands. These lands, with the exception of a 
few acres, were sold years ago, and the sections of the law 
relating to them and their sale will be passed with but few 
comments. 

82. Business transacted w^here — Trespass — Fines 
paid to township treasurer. § 82. All the business of 
such townships, so far as relates to common school lands, 
shall be transacted in that county which contains all or a 
greater portion of said lands. If any person shall, without 
being duly authorized, cut, fell, box, bore, destroy or carry away 
any tree, sapling or log, standing or being upon any school 
lands, such person shall forfeit and pay for every tree, sapling 
or log so felled, boxed, bored, destroyed or carried away, the 
sum of eight dollars ; which penalty shall be recovered with 
costs of suit, by an action of debt or assumpsit before any 
justice of the peace having jurisdiction of the amount claimed, 
or in the county or circuit court, either in the corporate name 
of the board of trustees of the township to which the land be- 
longs, or by action of qui tarn, in the name of any person who 
will first sue for the same — -one-half for the use of the person 
suing, the other half to the use of the township aforesaid. 
When two or more persons shall be concerned in the same 
trespass, they shall be jointly and severally liable for the penalty 
herein imposed. Every trespasser upon common school lands 
shall be liable to indictment, and upon conviction, fined in 
three times the amount of the injury occasioned by said trespass 
and shall stand committed as in other cases of misdemeanor. 
All penalties and fines collected under the provisions of this 



SCHOOL LA.WS AND DECISIONS. 227 

section shall be paid to the township treasurer, and be added 
io the principal of the township fand. 

Disposition of other funds. And all other fines, penal- 
ties and forfeitures imposed or incurred in any of the courts 
of record, or before any justice of the peace of this State, ex- 
cept fines, forfeitures and penalties incurred or imposed in in- 
corporated towns or cities, for the violation of the by-laws or 
ordinances thereof, shall, when collected, be paid to the school 
superintendent of the county wherein such fines, forfeitures and 
penalties have been imposed or incurred, who shall give his 
receipt therefor; and the same shall be distributed by said 
superintendent, annually, in the same manner as the common 
school funds of the state are distributed. 

Duty of officers. And it shall be the duty of the state's 
attorneys of the several judicial circuits to enforce the collection 
■of all fines, forfeitures and penalties imposed or incurred in the 
courts of record in their several circuits, and to pay the same 
over to the school superintendents of the counties wherein the 
.same have been imposed or incurred, retaining therefrom the 
fees and commissions allowed them by law ; and it shall be 
the duty of the said justices of the peace to enforce the col- 
lection of all fines imposed by them, by any lawful means ; 
and when collected, the same shall be paid by the officer 
charged with the collection thereof to the school superintend- 
ent of the county in which the same was imposed. Clerks of 
said courts of record, state's attorneys and justices of the 
peace, shall report, under oath, to the school superintendent 
of their respective counties, by the first of March, annually, 
ihe amount of such fines, penalties and forfeitures imposed or 
incurred in their respective courts, and the amount of such 
fines, forfeitures and penalties collected by them, giving each 
item separately.* 

Penalty for neglect of duty. And the officer charged 
with the collection thereof, and said clerks, state's attorneys 
and justices of the peace, for a failure to make such report, 
shall be liable to a fine of twenty- five dollars for each offense, 
to be recovered in a civil action, at the suit of the school 
superintendent of the proper county. For a failure to pay any 
such fine, forfeitures or penalties, on demand, to the person 
who is by law authorized to receive the same, the officer hav- 
ing collected the same, or having the same in his possession, 
shall forfeit and pay double the amount of such fine, penalty 
or forfeiture, as aforesaid, to be recovered before any court 
having jurisdiction thereof, in a qui tarn action — one-half to be 
paid to the informer and one-half to the school fund of the 
^proper county, (a) 



Form No. 45. 



228 SCHOOL LAWS AND DECISIONS, 

(a) Fines and Forfeitures. It is the duty of state's attorneys 
to attend to the collection of all fines, forfeitures and penalties 
imposed in any court of record in their respective counties. 

It is the duty of the justices of the peace to collect all fines 
imposed by them. 

These ofiicers and the clerks of courts of record must report 
annually, under oath, the amount of the fines, forfeitures and 
penalties imposed or incurred in their respective courts, and 
the amount collected, giving each item separately. 

Clerks of courts of record are not made by law the collectors 
of fines, forfeitures and penalties; and if any such are paid 
them they should turn them over to the state's attorney, who 
is by law the collector. 

A justice of the peace having collected any fines, etc., in 
cases where judgment was procured by the state's attorney,. 
may pay them to him on his demand, since he has a lien upon 
them, according to Sec. 8, Chap. 53, Rev. Stat. But such 
fines, etc., when they have not been paid to the state's attor- 
ney, and all other fines, etc., collected by the justice must be 
paid to the county superintendent of his county, as the law 
directs. 

The state's attorney retains so much of the fines, etc., col- 
lected by him, on judgments procured by him, as may be suffi- 
cient to pay him the uncollected fees and the commissions al- 
lowed him in the section cited above, and must pay the balance- 
to the county superintendent of his county. If his own col- 
lections of fines, etc., are not enough to pay his lawful fees 
not collected and commissions, the state's attorney may claim 
of the county superintendent any fines, etc., paid him by any 
justice for which judgment was procured by him, the state's 
attorney; but he may not appropriate or claim in payment of 
his fees and commissions any fines, etc., whether collected by 
himself or by another person, judgment for which was not pro- 
cured by him. 

There are two penalties in connection with this matter : One' 
for a failure to report each fine, etc., which has been imposed 
or incurred or collected during the year; and the other for a 
failure to pay over, on demand, to the person entitled to receive 
it, the amount of such collections. The penalty in the first 
instance is twenty-five dollars ; in the second double the amount 
illegally retained. 



SCHOOL LAWS AND DECISIONS. 229 



SALE OF COMMON SCHOOL LANDS. 



83. Petition for sale. § 83. When the inhabitants of 
any township, or fractional township, shall desire the sale of 
the common school lands of the township, or fractional town- 
ship, they shall present a petition to the county superintend- 
ent of the county in which the school lands of the township, 
or the greater part thereof, lie, for the sale thereof; which 
petition shall be signed by at least two-thirds of the legal voters 
of the township, or fractional township, of and over twenty- 
one years of age. The signing of the petition must be in the 
presence of two citizens of the township, after the true mean- 
ing thereof shall have been explained ; and when signed, an 
aftidavit shall be fixed thereto by the two citizens proving the 
signing, the manner aforesaid, and stating the number of in- 
habitants in the township, or fractional township, of and over 
twenty-one years of age ; and said petition, so proved, shall be 
delivered to the county superintendent for his action thereon: 
Provided, that no whole section shall be sold in any township 
containing less than two hundred inhabitants ; and common 
school lands in fractional townships may be sold when the 
number of inhabitants and number of acres are in the ratio 
of two hundred to six hundred and forty, but not before, (a) 

(a) 1. Sales of School Lands. The general assembly made 
provision for the sale of school lands in 1829, at the same 
time asking congress to grant the state power to make the 
sales. The power was not granted by congress until 1843 ; but 
the general assembly passed a second act in 1831, and the sales 
were begun in August of that year. Acts of congress of 1842 
and 1843, ratified and confirmed sales already made. The 
supreme court also held that the legislature had power to order 
sales. [Bradley v. Case, 3 Scammon, 585.] 

2. Division of a Toivnship. If a part of a school township 
is set off to another township by the legislature and no divi- 
sion of the township fund or of the school lands is provided 
for in the act, the original township will retain the whole of 
the sixteenth section or of the fund. [People v. Trustees, 86 
111., 613.] 

84. Fractional township attached to neighbor. § 84. 
Any fractional township not having the requisite number of 
inhabitants to petition for the sale of the school lands therein, 
as provided in section eighty-three, which has not heretofore 
been united with any other township for school purposes, and 
which does not contain a sufficient number of inhabitants to 
maintain a free school, is hereby attached to the adjacent 
congressional township having the longest territorial line bor- 
dering on such fractional township, for school purposes; and 



230 SCHOOL LAWS AND DECISIONS. 

all the provisions of this act shall apply to such united town- 
ships the same as though they were one and the same town- 
ship. 

85. Trustees notified — To make division— Plat — Val- 
uation — Delivery to county superintendent. § 85. 
When the petition and affidavits are delivered to the county- 
superintendent, as aforesaid, he shall notify the trustees of 
said township thereof, and said trustees shall immediatdly pro- 
ceed to divide the land into tracts or lots, of such form and 
quantity as will produce the largest amount of money. After 
making such division, a correct plat of the same shall be mad& 
representing all divisions, with each lot numbered and defined 
so that its Ijoundaries may be forever ascertained. Said trust- 
ees shall then fix a value on each lot, having regard to the- 
terms of sale, certify to the correctness of the plat, stating the 
value of each lot per acre, or per lot, if less than one acre,, 
and referring to and describing the lot in the certificate, so as 
fully and clearly to distinguish and identify each lot ; which 
plats and certificate shall be delivered to the county superin- 
tendent, and shall govern him in advertising and selling said, 
lands. 

86. Manner of sub-dividing. § 86, In sub-dividing 
common school lands for sale, no lot shall contain more than 
eighty acres, and the division may be made into town or vil- 
lage lots, with roads, streets or alleys between them and 
through the same ; and all such divisions, with all similar di- 
visions hereafter made, are hereby declared legal, and all such 
roads, streets and alleys public highways, 

87. Terms of sale. § 87. The terms of selling common^ 
school lands shall be to the highest bidder, for cash, with the 
privilege to each purchaser of borrowing from the county su- 
perintendent the amount of his bid, for any period not less 
than one nor more than five years, upon his paying interest 
and giving security, as in case of money loaned by township- 
treasurer, as provided by this act. 

88. Place of sale — Advertisement. § 88. The place 
of selling common school lands shall be at the court house of 
the county in which the lands are situated; or the trustees of 
schools may direct the sale to be made on the premises ; and 
upon the reception by the county superintendent of the plat 
and certificate of valuation from the trustees, he shall proceed 
to advertise the said land for sale in lots, as divided and laid 
off by said trustees, by posting notices thereof in at least six 
public places in the county, forty days next anterior to the 
day of sale, describing the land and stating the time, terms 
and place of sale ; and if any newspaper is published in said 
county, said advertisement shall be printed therein, for four 
weeks before the day of sale ; if none, then it shall be sold 
under the notice aforesaid. 



SCHOOL LAWS AND DECISIONS. 231 

89. Sale. § 89. Upon the day appointed, the county su- 
perintendent shall proceed to make sales as follows, viz : He 
shall begin at the lowest number of lots and proceed regularly 
to the highest, till all are sold or offered. No lot shall be sold 
for less than its valuation by the trustees. Sale shall be made 
between the hours of ten o'clock A. M. and six o'clock P. M., 
and may continue from day to day. The lots shall be cried 
separately, and each lot cried long enough to enable any one 
present to bid who desires it. 

90. Closing up sales — Settlement vrith delinquent 
purchaser. § 90. Upon closing the sales each day, the pur- 
chasers shall each pay or secure the payment of the purchase 
money, according to the terms of sale ; or, in case of his fail- 
ure to do so by ten o'clock the succeeding day, the lot pur- 
chased shall again be offered at public sale on the same terms 
as before, and if the valuation or more shall be bid, shall be 
stricken off; but if the valuation be not bid, the lot shall be 
set down as not sold. If the sale is or is not made the for- 
mer purchaser shall be required to pay the difference between 
his bid and the valuation of the lot ; and in case of his fail- 
ing to make such payment the county superintendent may 
forthwith institute an action of debt or assumpsit, in his name,, 
as superintendent, for the use of the inhabitants of the town- 
ship where the land lies, for the required sum ; and upon mak- 
ing proof, shall be entitled to judgment, with costs of suit ; 
which, when collected, shall be added to the principal of the 
township fund. And if the amount claimed does not exceed 
one hundred dollars, the suit may be instituted before a justice 
of the peace ; but if more than that sum, then in the circuit 
court of any county wherein the party may be found. 

91. Private sale. § 91. All lands [not] sold at public 
sale, as herein provided for, shall be subject to sale at any 
time thereafter, at the valuation ; and county superintendents 
are authorized and required, when in their power, to sell all 
such lands at private sale, upon the terms at which they are 
offered at public sale. 

92. Valuation vacated— Second valuation. § 92. In 
all cases where common school lands have been heretofore 
valued, and have remained unsold for two years, after having 
been offered for sale, or shall hereafter remain unsold for that 
length of time, after being valued and offered for sale in con- 
formity to this act, the trustees of schools where such lands 
are situated may vacate the valuation thereof, by an order to 
be entered in book A, of the county superintendent, and cause 
a new valuation to be made, if, in their opinion, the interest 
of the township will be promoted thereby. They shall make 
said second valuation in the same manner as the first was 
made, and shall deliver to the county superintendent a plat of 
such second valuation, with the order of vacation, to be entered 
as aforesaid; whereupon said county superintendent shall pro- 



232 SCHOOL LAWS AND DECISIONS. 

ceed in selling said lands in all respects as if no former valu- 
ation had been made : Provided, that the second valuation 
may be made by the trustees of schools, without petition as 
provided in this act. 

93. Entry of sale— Certificate. § 93. Upon the com- 
pletion of every sale by the purchaser, the county superintend- 
ent shall enter the same on book B, and shall deliver to the 
purchaser a certificate of purchase, stating therein the name 
and residence of the purchaser, describing the land and price 
paid therefor ; which certificate shall be evidence of the facts 
therein stated,* 

94. Annual statement of superintendent to county 
board. § 94. At the first regular term of the county board, 
in each year, the county superintendent shall present to the 
county board of his county : 

First. — A statement showing the sales of school lands made 
subsequent to the first regular term of the previous year, which 
shall be a true copy of the sale book (book B). 

Second. — Statements of the amount of money received, paid, 
loaned out and in hand, belonging to each township or fund 
under his control — the statement of each fund to be separate. 

Third. — Statements copied from his loan book (book C), 
showing all the facts in regard to loans which are required to 
be stated on the loan book. 

All of which the county board shall thereupon examine and 
compare with the vouchers. And the said county board, or so 
many of them as may be present at the term of the court, 
shall be liable, individually, to the fund injured, and to the 
securities of said county superintendent, in case judgment be 
recovered of said securities, for all damages occasioned by a 
neglect of the duties, or any of them, required of them by this 
section : Provided, nothing herein contained shall be construed 
to exempt the securities of said county superintendent from any 
liability as such securities, but they shall still be liable to the 
fund injured, the same as if the county superintendents were 
not liable. 

95. Transcript of sales to auditor. § 95. The county 
superintendent shall, also, at the time aforesaid, transmit to 
the auditor of public accounts a full and exact transcript, from 
book B, of all the sales made subsequent to each report. The 
statement required to be presented to the county board shall 
be preserved and copied by the clerk of said court ipto a well- 
bound book kept for that purpose ; and the list transmitted 
to the auditor shall be filed, copied and preserved in like 
manner. 

96. Patent for school lands. § 96. Every purchaser of 
common school land shall be entitled to a patent from the 
state, conveying and assuring the title. Patents shall be made 

* Form No. 46. 



SCHOOL LAWS AND DECISIONS. 233 

out by the auditor, from returns made to him by the county 
superintendent. They shall contain a description of the land 
granted, and shall be in the name of and signed by the gover- 
nor, countersigned by the auditor, with the great seal of the state 
affixed thereto by the secretary of state, and shall operate to 
vest in the purchaser a perfect title in fee simple. When pat- 
ents are executed as herein required, the auditor shall note on 
the list of sales the date of each patent, in such manner as to 
perpetuate the evidence of its date and delivery, and there- 
upon transmit the same to the county superintendent of the 
proper county, to be by him delivered to the patentee, his heirs 
or assigns, upon the return of the original certificate of pur- 
chase ; which certificate, when returned, shall be filed and pre- 
served by the county superintendent ; and all such patents, 
heretofore or hereafter so issued by the state for school lands, 
or duly certified copies thereof from any record legally made, 
shall, after the lapse of ten years from the date of such pat- 
ent, and such sale having been acquiesced in for ten years by 
the inhabitants of the township in which the land so conveyed 
may be situated, be conclusive evidence as to the legality of 
the sale, and that the title to such land was, at the date of 
"the patent, legally vested in the patentee. 

97. Copies to supply loss of originals. § 97. Pur- 
chasers of common school lands, and their heirs and assigns, 
may obtain duplicate copies of their certificates of purchase 
and of patents, upon filing affidavit with the county superin- 
tendent in respect to certificates, and v/ith the auditor in re- 
spect to patents, proving the loss or destruction of the orig- 
inals ; and such copies shall have all the force and effect of 
the originals, (a) 

(a) Duplicate Copies of Patents. The term "duplicate," as 
here used, means "certified." The auditor is required to issue 
a certified copy of the patent as he may of any other paper 
shown in the files and records of his office. [Jackson v. Berner, 
48 111., 203.] 

98. Repeal. § 98, "An act to establish and maintain a 
system of free schools," approved February 16, 1857; "An act 
to establish and maintain a system of free schools," approved 
February 22, 1861 ; "An act to establish and maintain a system 
of free schools in the State of Illinois," approved February 16, 
1865; "An act to amend an act entitled 'An act to establish 
and maintain a system of free schools in the State of Illinois,' 
approved February 16, 1865," approved February 28, 1867; 
"An act to amend the school law," approved March 30, 1869; 
"An act relating to assessments and taxation in school dis- 
tricts," approved March 29, 1869; "An act concerning reports 
of school officers and of the incorporated institutions of learn- 
ing," approved March 29, 1869; and all other acts and parts 

—15 



234 SCHOOL LAWS AND DECISIONS. 

of acts inconsistent with this act and all general school laws 
of this state, are hereby repealed. 

ADDITIONAL ACTS. 

An Act to authorize the election of women as school of&cers. 
[April 3— July 1, 1873.] 

99. Women eligible to school offices. Section 1. Be 
it enacted by the People of the IState of Illinois, represented in 
the General Assembly: That any women, married or single, of 
the age of twenty-one years and upwards, and possessing the 
qualifications prescribed for men, shall be eligible to any office 
under the general or special school laws of this state. 

100. Oath. — Bond. § 2. That any woman elected or ap- 
pointed to any office under the provisions of this act, before 
she enters upon the discharge of the duties of the office, shall 
qualify and give bond as required by law, and such bond shall 
be binding upon her and her securities. 

An Act to secure to all children the benefit of elementary 

education. 
[June 23 -July 1, 1883.] 

101. Who must send children to school. Section 1. 
Be it enacted by the People of the State of Illinois, represented- 
in the General Assembly: That every person having the control 
and charge of any child or children between the ages of eight 
and fourteen years, shall send such child or children to a pub- 
lic or private school for a period of not less than twelve weeks 
in each school year, unless such child or children are excused 
from attending school by the board of education or school 
directors of the city, town or school district in which such child 
or children reside. Such excuse may be given by said board 
of education or school directors for any good cause shown why 
said child or children shall not be required to attend school in 
conformity with this act. 

102. Exemptions. § 2. It shall be a good defense to 
any suit brought under this aci, if the person under whose 
control such child or children are, can show that the mental 
or bodily condition of such child or children is such as to pre- 
vent its attendance at school or application to study for the 
period required by this act, or, that such child or children has 
been taught in a private school, or at home for the time re- 
quired by this act, in such branches as are ordinarily taught 
in primary or other schools, or has acquired the branches of 
learning ordinarily taught in public schools, or that no public 
school has been taught within two miles, by the nearest trav- 
eled road, of the residence of such child or children, within 
the school district in which said child or children reside, for 
twelve weeks during the year. 

103. Penalties. § 3. If any person having the control 
and charge of any child or children shall fail or neglect to 



SCHOOL LAWS AND DECISIONS. 235 

comply with the provisions of this act, said person shall pay 
a fine of not less than five nor more than twenty dollars. 
Suit for the recovery of the fine and costs shall be brought by 
any director, or member of any board of education, of the dis- 
trict in which such person resided, at the time of the commit- 
tal of the offense, before any justice of the peace of said town- 
ship. Jurisdiction is hereby conferred on all justices of the 
peace in this state for the enforcing of this act. Such fine 
shall be paid, when collected, to the school treasurer of said 
township, to be accounted for by him as other school money 
raised for school purposes. g^^^^ 

104. School ofiBcers must enforce law. § 4. It'^is 
hereby made the duty of school directors and members of the 
boards of education to prosecute offenses occurring under this 
act. The neglect so to prosecute by any school director, or 
member of any board of education, within twenty days after 
written notice has been served on such director, or member of 
such board of education, by any tax-payer residing in such dis- 
trict, that any person has violated this act, shall subject him 
or them to a fine of ten dollars, to be sued for by any tax- 
payer residing in the school district where the violation of this 
act occurred, before any justice of the peace in the township 
where the said school district may be located ; and when such 
fine is collected it shall be reported by said treasurer, and ac- 
counted for as other money raised for school purposes, and 
become a part of the school fund of said township. 

An Act to protect colored children in their rights to attend 

public schools. 
[March 24— July 1, 1874.] 

105. May not be excluded for color. Section 1. Be 
it enacted by the People of the State of Illinois, represented in 
the General Assembly: That all directors of schools, boards of 
education, or school officers, whose duty it now is, or may be 
hereafter, to provide in their respective jurisdictions schools 
for the education of all children between the ages of six and 
twenty-one years, are prohibited from excluding, directly or in- 
directly, any- such child from such school on account of the 
color of such child, (a) 

(a) Rights of Colored Children. In a case which came be- 
fore the supreme court before this act was passed, it was held 
that : 

"The free schools of the state are public institutions, and 
in their management and control the law contemplates that 
they should be so managed that all children within the district 
between the ages of six and twenty-one years, regardless of 
race or color, shall have equal and the same right to partici- 
pate in the benefits to be derived therefrom. 



^36 SCHOOL LAWS AND DECISIONS. 

"While the directors, very properly, have large and discre- 
tionary powers in regard to the management and control of 
schools, in order to increase their usefulness, they have no 
power to make class distinctions, neither can they discriminate 
between scholars on account of their color, race or social posi- 
tion." 

And, after saying that in this case the sole object of the 
directors seems to have been to exclude the colored children 
from the benefits of free schools, and that the question of 
separate schools with equal facilities when there were white 
children enough for one school, and colored children enough 
for another was not passed upon, the court adds : 

"But the conduct of the directors in this case in the attempt 
to keep and maintain a school solely to instruct three or four 
colored children of the district, when they can be accommo- 
dated at the school house with the other scholars of the dis- 
trict, can only be regarded as a fraud upon the tax-payers of 
the district, any one of whom has a right to interfere to pre- 
vent the public funds from being squandered in such a reckless, 
unauthorized manner." [Chase v. Stephenson, 71 111., 383.] 

In The People v. Board of Education, 101 111., 308, it appeared 
from the information that the board of education of the city 
of Quincy had divided the city into eight school districts, in 
€ach of which colored children resided ; that under the rules 
adopted, these colored children were excluded from the public 
schools in the district where they resided, and were required 
to attend a school composed exclusively of colored children 
known as the Lincoln school, and that, under the operation of 
these rules, a colored child could not attend the school in the 
district where such child resided on account of its color, but 
was compelled to travel several miles, perhaps, to a distant 
part of the city to a colored school. Upon this state of facts 
the court held: 

"This is a direct violation of the statute, which says the 
board is prohibited from excluding, directly or indirectly, any 
such child from such school on account of color. Under the 
rules no reason is assigned which prohibits a colored child 
from attending the school in the district where it resides, ex- 
cept on account of its color. 

"Whether our constitution, and the acts of the legislature 
passed in pursuance of it which place all children, regardless 
of color, upon a perfect equality so far as admission into the 
public schools is concerned, are to be regarded as wise or un- 
wise legislation, is a matter with which courts have no con- 
em. We are bound to declare the law as we find it written, 



SCHOOL LAWS AND DECISIONS. 237 

and if it is not satisfactory to any section of the state, the 
remedy is in the legislative department of the government, 
and there alone. 

"In conclusion, we are of opinion that the bord of education 
of the city of Quincy had no authority to adopt and enforce 
the rules set out in the information." 

106. Penalty for exclusion. § 2. Any such school offi- 
cer or of&cers as are mentioned in the foregoing section, or 
any other person, who shall exclude, or aid in the exclusion 
from the public schools [of] any child who is entitled to the 
benefits of such school, on account of such child's color, shall 
be fined, upon conviction, in any sum not less than five nor 
more than one hundred dollars each, for every such offense. 

107. Penalty for menace. § 3. Any person who shall^ 
by threats, menace or intimidation, prevent any colored child 
entitled to attend a public school in this state from attending 
such school, shall, upon conviction be fined in any sum not 
exceeding twenty-five dollars. 

An Act regulating the renting and sale of school lands. 
[May 25— July 1, 1877.] 

108. Trustees may rent lands. Section 1. Beitefiacted 
by the Peojjle of the State of Illinois, represented in the General 
Assembly: That it shall be lawful for the trustees or schools 
in townships in which section number sixteen (16), of any 
other lands in lieu thereof, remain unsold, or which has title 
to any other school lands whatsoever, to rent or lease the 
same for an annual rent, to be paid in money to the treasurer, 
by a written contract made by the president and secretary 
under the directions of the board, with the lessee or lessees, 
which contract shall be filed with the records of the board, and 
a copy of the same transmitted to the county superintendent ; 
and in case of any default in the payment of rent, the said 
board of trustees shall at once proceed to collect the same by 
distress or otherwise, as may be provided by law for the col- 
lection of rents by landlords. No lease taken under the provi- 
sions of this act, shall be for a longer period than five years, 
except where such lands are leased for the purpose of having 
permanent improvements made thereon, as may be the case 
in cities and villages : Provided, that the provisions of this 
act shall not apply to cities having a population of over one 
hundred thousand (100,000) inhabitants. [June 29— July 1, 1885.J 

An Act to empower township trustees to sell and convey right 
of way and depot grounds for the use of railroads crossing; 
school lands. 

[April 13-July 1, 1875.] 

109. Trustees may sell right of way. Section 1. Be 
it enacted by the People of the State of Illinois, represented in the 
General Assembly: That the trustees of schools of any township 



238 SCHOOL LA.WS AND DECISIONS. 

concerned are hereby authorized and empowered, in their cor- 
porate capacity, to sell and convey to any railroad company 
which may construct a railroad across any of the public school 
lands of such township, the right of way and necessary depot 
grounds. All money received by such trustees for any right of 
way or depot ground so sold, to be turned over by such trust- 
ees to the treasurer of the township, for school purposes. 

An Act to empower trustees of schools to lay out and dedicate 

common school lands for street and highway purposes. 

[June 3— July 1, 1877.] 

110. Trustees may dedicate land for streets. Section 
1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly.- That the trustees of schools 
of any township are hereby authorized and empowered, in their 
corporate capacity, to lay out and dedicate to the public use 
for street and highway purposes, so much of the common 
school lands, which is unimproved or unoccupied with buildings, 
as may be necessary to open or extend any street or highway 
which may be ordered opened or extended by the municipal 
authorities, which are by law empowered to open or extend 
streets or highways in the territory where said school lands 
are located : Provided, that said trustees of schools shall be of 
the opinion that the benefits to accrue from the opening or 
extending of said street or highway, to the remainder of said 
common school lands, will compensate for the use of the strip 
so dedicated : And, provided, fart her, ihsui it shall not be lawfu 
for any street or other railroad to lay down railroad tracks on 
any strip of the common school land so dedicated, or use the 
same or any part of the common school lands for railroad or 
street railroad purposes, except upon the purchase or lease of 
the same from proper authorities or upon the payment to the 
school fund of said township of the value of such use or land 
taken, the same as if no street or highway had been laid out 
thereon, to be determined by proceedings under an act entitled 
""An act to provide for the exercise of the right of eminent do- 
main," approved April 10, 1872, and all amendments thereto: 
And, provided, farther, that this bill shall not in any way affect 
existing leases or contracts for the lease or purchase of com- 
mon school lands. 

An Act to legalize school districts organized under the thirty- 
third section of "An act to estabhsh and maintain a system 
of free schools," approved April 1, 1872. 
[May 25— July 1, 1877.] 

111. Districts organized under section 33 legalized. 
Section 1. Beit enacted by the People of the State of Illinois, 
represented in the General Assembly: That all school districts 
"which have been organized as such, under the provisions of 
section thirty-three of "An act to establish and maintain a 



SCHOOL LAWS AND DECISIONS. 239 

system of free schools for the State of Illinois," approved April 
1, 1872, are hereby legalized, and such school districts shall 
be held and considered legally organized school districts for all 
purposes originally contemplated. 

An Act to provide a way by which the people of any territory 
lying within three or more school districts, and in three or 
more townships, containing not less than four hundred in- 
habitants, may be organized into a school district. 
[June 18— July 1, 1883.] 

112. When and how formed. Section 1. Be it enacted 
by the People of the State of Illinois, represented in the Gen- 
eral Assembly: That when the people in any territory lying in 
three or more school districts, and in three or more townships, 
which territory has not less than four hundred inha6itants, 
shall petition the trustees of the township or townships in which 
ihe districts affected lie, to organize said territory into a school 
district, the trustees shall grant the petition, and shall organize 
said territory into a school district, provided the petition shall 
be signed by not less than two-thirds of the legal voters living 
in said territory : Provided, also, that the petition or petitions 
for such new district shall be presented to the trustees and 
notice of them given to the directors of the districts affected, 
in the manner fixed by section thirty-three, of the general 
school law, for presenting and giving notice of petitions for 
changes of district boundaries ; and that a division of property 
and adjustment of existing debts between the new district and 
the district or districts a part of whose territory is taken, shall 
be made in the way provided in said section thirty-three, for 
the division of property and the adjustment of debts when a 
new district is formed : Provided, further, that in the forma- 
tion of a new district under this act, territory shall not be 
taken from any existing district so as to leave it with less than 
twenty families residing within that part of the district not 
iaken, nor with taxable property of an assessed value less than 
fifty thousand dollars ($50,000), as ascertained by the last as- 
sessment for state and county taxes, previous to the presenta- 
tion of the petitions for the new district. When a district is 
organized under this act it shall be the duty of the trustees 
to order an election of a school board in the newly constituted 
district, in the manner provided in the general school law for 
calling elections in new districts ; and it shall be the duty of 
the clerk or clerks of the trustees to file a map or maps and 
records, as provided in section thirty-three of the school law, 
in case of changes of district lines. 

An Act to regulate the payment of moneys into the hands of 

township school treasurers. 

[May 30— July 1, 1881.] 

113. Trustees and school boards to be notified of 
payment to treasurers. Section 1. Be it enacted hy the 



240 SCHOOL LAWS AND DECISIONS. 

People oj the State of Illinois, represented in the General Assem- 
bly:* That it shall be the duty of county treasurers, county 
superintendendents of schools, township collectors, and all other 
persons paying money into the hands of township school treas- 
urers, for school purposes, on or before the thirteenth day of 
September of each year, to notify, in writing, the presidents of 
boards of school trustees, and the clerks of the school districts, 
[of] the amount paid into the township treasurer's hands, and 
the date of payment, (a) 

{a) County Superintendent need not notify School Directors. 
Perhaps a literal interpretation of this act would require county 
superintendents to report to the clerks of school districts the 
amounts distributed and paid by them to their tov/nship treas- 
urer ; but since it cannot be seen that such a notice would 
serve any useful purpose, and since it is not believed to be the 
intent of the law to require such notice, it has been held that 
it need not be given. The county superintendent should, how- 
ever, notify the president of each board of trustees of the 
amount paid their treasurer as soon as it has been paid him. 

An Act to regulate the attendance of teachers upon teachers'' 

institutes. 
[June 14— July 1, 1887.] 
114. Teachers given five days to attend institutes. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the time, not ex- 
ceeding three days in any one term, or five days in any one 
year, during term time, actually spent by a teacher of any 
public school in the state in attendance upon a teachers' insti- 
tute, held under the direction of the county superintendent of 
schools, shall be considered time lawfully expended by such 
teacher in the service of the district where such teacher is 
employed, and no deduction of wages shall be made for such 
absences. And it shall be the duty of the school officers and 
boards of education to allow teachers to close their schools 
for such attendance upon such institute, {a) 

(a) It is the manifest intention of the law that any teacher 
of a public school may take, without loss of pay, not more 
than three school days during one school term, nor more than 
five school days in one school year to attend a teachers' in- 
stitute, if one be held by the county superintendent of his- 
county while his school is in session. 

The district must pay for school days so taken, but they will 
not count to make up the one hundred and ten days which^ 
by section fifty-eight, it must have taught each year. 

*Form No. 47. 



SCHOOL LAWS AND DECISIONS. 241 

The county superintendent should give the teacher attending^ 
the institute a certificate showing the days of such attendance, 
which certificate the teacher should return to the school board 
with his schedule. 

An Act to provide for the auditing and payment of the quar- 
terly bills of county superintendents of schools. 
[Feb. 9, 1887— Emergency.] 

115. "When bills shall be audited and paid. Section 
1. Be it enacted by the Peojjle of the State of Illinois, repre- 
sented in the General Assembly : That the quarterly bills of the 
county superintendents of schools, for their compensation and 
expenses in visiting schools, as provided in section seventy-one 
(71) of the general school law, when presented in due form, 
shall be audited by the county boards of the several counties, 
at their first meeting after March 1, 1887, and so nearly as 
may be quarterly thereafter; and that the auditor of public 
accounts, upon receipt of said bills duly certified, is hereby 
authorized and required to draw his warrants upon the state 
treasurer in payment thereof, payable from the state school 
fund, and to transmit said warrants to the several county super- 
intendents of schools. 

An Act to provide for the election of presidents of boards of 

education in school districts. 

[June 17— July 1, 1887.] 

116. President elected. Section 1. Be it enacted by the 
People of the State of Illinois, represented hi the General Assembly: 
That in every school district in which by general law a board 
of education is required to be elected, there shall also be elected, 
at the same time, a president of the board of education, who 
shall hold his office for one year and until his successor is 
elected and qualified, (a) 

(a) Election of President of Board of Education. The effect of 
this election is to make unnecessary the election of a presi- 
dent, as provided by Sec. 80, first part. 

117. Duties of president. § 2, The president of the 
board of education so elected in each school district shall pre- 
side at all meetings of said board and shall give the casting^ 
vote in case of a tie between the members thereof, but other- 
wise he shall not have a vote. He shall sign all orders for 
the payment of money, ordered by said board, and generally 
perform such duties as are now imposed by law upon pre- 
sidents of boards of education, or that may be imposed upon 
him by said board, not in conflict with law : Provided, that 
in the absence or inability to act of said president, said board 
may appoint a president pro tern, from their number, (a.) 

(a) The duties imposed by law upon the president elected 
under this act, are (1) to preside at the meetings of the board ; 



242 SCHOOL LA.WS AND DECISIONS. 

(2) to vote in case of a tie, and (3) to sign orders. He does 
not count to make a quorum ; nor does he perform any other 
duties, unless so directed by the board. 

118. Repeal. § 3. All acts or parts of acts in conflict 
herewith are hereby repealed. 

An Act to provide for the appointment of school directors and 

members of the board of education, in certain cases. 

[May 29— July 1, 1879.] 

119. To be appointed iT^rhen city council has been 
scliool board. Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assemhli/: That in 
all cases whereby [where, byj the provisions of any general or 
special law of this state heretofore passed, the members of the 
common c'ouncil of any city have been made ex officio school 
directors, or members of the board of education in and for the 
rschool district of which the said city shall constitute the whole 
or a part, the said school directors or members of the board 
of education shall hereafter he appointed as hereinafter pro- 
vided, (a) 

(a) Correction — Statute applies when. The word "whereby" 
in this section is evidently wrongly written for "where, by." 

The law applied to every city in which the common council 
were, by reason of any special law, acting as the school board 
of the city. It was held also to apply to those cities in which, 
by virtue of a special law, the common council was given the 
control of the schools with authority to appoint a school board 
and determine its powers and duties by ordinance ; since in 
such cases the common council could, by reducing the powers 
of the school board to a minimum, itself manage the schools, 
which would be contrary to the intent of this law, the purpose 
of which was to withdraw the public schools from the control 
of city councils in all cases. 

120. Mayor to appoint — Council to confirm.. § 2. It 
shall be the duty of the mayor of such city, at the first regu- 
lar meeting of the city council, in the month of June, 1881, to 
nominate and place before the council for confirmation, as 
school directors or members of the board of education, as the 
case may be, two (2) persons from each ward of said city, one 
(1) from each ward to serve for two (2) years, and one (1) for 
one (1) year, and annually thereafter he shall nominate one 
(1) from each ward to serve two (2) years, and if the person 
80 appointed shall be confirmed by a majority vote of the city 
•council, to be entered of record, the persons so appointed shall 
constitute the board of education or school directors for such 
school district. Should the council fail to confirm any person 



SCHOOL LAWS AND DECISIONS. 243 

or persons nominated by the mayor at such meeting, he may, 
at the next, or any subsequent meeting, nominate other per- 
sons for confirmation, as hereinbefore provided ; and should a 
vacancy or vacancies occur in any board of education or school 
directors, the mayor may, at any regular meeting of the city 
council, fill such vacancy or vacancies in the manner above 
set forth. [May 30, 1881.— Emergency.] 

121. Organization — Powers. § 3. The said persons 
shall, as soon as practicable after their appointment, organize 
by electing one of their number president, and another secre- 
tary, who shall hold their respective offices for one year. All 
rights, powers and duties heretofore exercised by and devolved 
upon the members of the city council as ex officio members of 
the board of education or school directors shall devolve upon 
and be exercised by the members of the board of education 
and school directors appointed under the provisions of this act. 

122. Further powers. § 4. In all school districts to 
which this act shall apply the boards of education or school 
directors shall annually, before the first day of August, certify 
to the city council, under the hands and seals of the president 
and secretary of the board, the amount of money required to 
be raised by taxation for school purposes in said district for 
ihe ensuing year, and the said city council shall thereupon 
■cause the said amount to be levied and collected in the same 
manner now provided by law for the levy and collection of 
"taxes for school purposes in such district, but the amount to 
be so levied and collected shall not exceed the amount now 
allowed to be collected for school purposes by the general 
school laws of this state ; and when such taxes have been col- 
lected and paid over to the treasurer of such city or school 
district, as may be provided by the terms of the act under 
which such district has been organized, such funds shall be 
paid out only on the order of the board of education or school 
directors, signed by the president and secretary of such board. 

An Act to amend section one (1) of an act entitled "An act 
enabling school districts acting under special charters, to 
hold elections for the election of school directors and 
members of boards of education, at the time provided for 
the election of school directors under the school laws of 
this state," approved June 29, 1885, in force July 1, 1885. 
[March 25, 1887 — Emergency.] 

123. Time of election — Organization. Section 1. Be 
it enacted by the People of the State of Illinois, represented in 
the General Assembly: That section one (1) of an act entitled 
"An act enabling school districts acting under special charters, 
to hold elections for the election of school directors and mem- 
bers of boards of education, at the time provided for the elec- 
tion of school directors under the school laws of this state," 



244 SCHOOL LAWS AND DECISIONS. 

approved June 29, 1885, in force July 1, 1885, be amended so as 
to read as follows : 

Section 1. That in all cases where the time for the elec- 
tion of members of boards of directors and boards of educa- 
tion is fixed by virtue of any special charter, such election may 
be held at the time now provided, or which may hereafter be 
provided, for the election of school directors under the school 
laws of this state, and that such election may be held at 
such place in the school district as may be designated by the 
board of directors or board of education of such school dis- 
trict, and such boards of directors or boards of education, 
when elected, shall meet and organize at the time and in the 
manner now provided, or which may hereafter be provided under 
the school laws of this state. 

134. Repeal. § 2. All acts and parts of acts inconsistent 
with this act are hereby repealed. 

An Act to regulate the loaning of school funds. 
[March 20, 1885— Emergency.] 

125. Made as under general law. Section 1. Be it 
enacted by the People of the State of Illinois, represented in the 
General Assembly: That in all cases where school funds are 
held by any person or persons in an official capacity, by virtue 
of any special charter defining the manner of loaning the same, 
such moneys may be loaned upon the same terms and condi- 
tions as are now provided, or may hereafter be provided, by the 
school laws of this state. 

An Act to regulate the holding of elections and declaring the 
result thereof for town, school township and school dis- 
trict purposes, where such town, school township or school 
district lies wholly within or partly within and partly with- 
out any city, village or incorporated town which has 
adopted or may adopt an act entitled "An act regulating 
the holding of elections and declaring the result thereof in 
cities, villages and incorporated towns in this state," ap- 
proved June 19, 1885, in force July 1, 1885. 
[March 23, 1887— Emergency.] 

126. School elections under the law of 1885 — 
Polling- places. Section 1. Be it enacted by the People of 
the State of Illinois, represented, in the General Assembly: That 
in all elections hereafter held for town, school township or 
school district purposes in any town, school township or school 
district lying wholly within or partly within and partly without 
any city, village or incorporated town which has or may adopt 
an act entitled "An act regulating the holding of elections and 
declaring the result thereof in cities, villages and incorporated 
towns in this state," approved June 19, 1885, in force July 1, 
1885, the legal authorities of such town, school township or 
school district shall locate the polling place or places, appoint 



SCHOOL LAWS AND DECISIONS. 

ihe judges and clerks and otherwise conduct the election in 
ihat portion or part of the town, school township or school 
district that lies without such city, village or incorporated town, 
in the manner now provided by law, except as hereinafter pro- 
vided, but no one residing without such city, village or incor- 
porated town shall vote at any polling place within, nor shall 
any one residing within vote at any polling place without, and 
the votes cast at the polling place or places without such city, 
village or incorporated town, shall be canvassed, certified and 
Teturned as is now provided by law in such cases, and in addi- 
tion thereto a complete abstract of the votes cast shall be 
made, certified and returned to the election commissioners of 
such city, village or incorporated town. 

127. Conduct by commissioners — Returns. § 2. In 
all that part or portion of such town, school township or school 
district that lies within such city, village or incorporated town 
or when the same lies wholly within any such city, village or 
incorporated town, the election shall be conducted by the elec- 
tion commissioners of such city, village or incorporated town 
in strict conformity with the said act approved June 19, 1885, 
mentioned in section one of this act, and when partly within 
and partly without any such city, village or incorporated town 
the election commissioners shall certify the returns received by 
them from the polling place or places without such city, vil- 
lage or incorporated town, to the proper officer or officers ; and 
all the returns so certified and returned by the election com- 
missioners shall be canvassed, together with the returns certi- 
fied from polling places within, by the same canvassing board, 
the results thereof declared, and certificates of election shall 
be issued thereon, the same as if all such votes had been cast 
in, certified and returned from such city, village or incorpo- 
rated town : Provided, it shall not be necessary under this act 
for the election commissioners to make or cause to be made 
a revision of the registry for special elections to fill a vacancy 
in a single office. 

128. Penalty for refusal to serve — For interference 
■with election. § 3. An officer who shall willfully refuse to 
perform any duty required by this act shall be guilty of a mis- 
demeanor, and shall be liable to a fine of not less than one 
hundred dollars nor more than five hundred dollars, and on 
conviction shall be removed from office, by the order of the 
court wherein such fine is assessed, and any person or com- 
bination of persons who shall under any pretense whatever at- 
tempt to establish a rival polling place, or otherwise attempt 
to obstruct or interfere with any election held or to be held 
under this act, shall be guilty of a felony, and on conviction 
shall be imprisoned in the penitentiary not less than one nor 
more than three years. 

129. Repeal. § 3^. All acts or parts of acts in conflict 
with this act are hereby repealed. 



246 SCHOOL LAWS AND DECISIONS. 

An Act to enable counties to establish county normal schools.. 
[March 15, 1869— Emergency.] 

130. County may establisli a normal school — Vote. 
Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in each county adopt- 
ing township organization, the board of supervisors, and in 
other counties the county court, may establish a county normal 
school for the purpose of fitting teachers for the common 
schools. That they shall be authorized to levy taxes and ap- 
propriate moneys for the support of said schools, and also for 
the purchase of necessary grounds and buildings, furniture, ap- 
paratus, etc., and to hold and acquire, by gift or purchase,, 
either from individuals or corporations, any real estate, build- 
ings or other property, for the use of said schools, said taxes 
to be levied and collected as all other county taxes : Provided, 
that in counties not under township organization, county courts 
shall not be authorized to proceed under the provisions of this 
act until the subject shall have been submitted to a vote of 
the people, at a general election, and it shall appear that a 
majority of all votes cast on the subject, at said election, shall 
be in favor of the establishment of a county normal school. 
The ballots used in voting on this subject may read "For a 
county normal school," or "Against a county normal school." 

131. County board of education — Election. § 2, The 
management and control of said school shall be in a county 
board of education, consisting of not less than five nor more 
than eight persons, of which board, the chairman of the board 
of supervisors or the judge of the county court, as the case 
may be, and the county superintendent of schools, shall be, 
ex officio, members. The other members shall be chosen by 
the board of supervisors or county court, and shall hold their 
ofdces for the term of three years. But at the first election 
one-third shall be chosen for one year, one-third for two years, 
and one-third for three years, and thereafter one-third shall 
be elected annually. Said election shall be held at the annual 
meeting of the board of supervisors in September, or at the- 
September term of the county court, as the case may be. 

132. Po"wers and duties of board. § 3. Said board 
of education shall have power to hire teachers, and to make 
and enforce all needful rules and regulations for the manage- 
ment of said schools. A majority of said board shall consti- 
tute a quorum for the transaction of business, and a meeting 
of said board may be called at any time by the president or 
secretary, or by any three of the members thereof. Said board 
shall proceed to organize, within twenty days after their ap- 
pointment, by electing a president, who shall hold his office 
for one year, and until his successor shall be appointed. The 
county superintendent shall be ex officio secretary of the board. 
Said board shall make to the board of supervisors, at their 
annual meeting in September, or to the county court at the 



SCHOOL LAWS AND DECISIONS. 247 

September term, as the case may be, a full report of the con- 
dition and expenditures of said county normal school, together 
with an estimate of the expenses of said school for the ensu- 
ing year. 

133. Two or more counties may unite. § 4. Two or 
more counties may unite in establishing a normal school, in 
which case the per cent, of tax levied for the support of said 
school shall be the same in each county. 

134. Prior action of counties legalized. § 5. In all 
counties that have already established normal schools, the 
action of the board of supervisors in so doing, and all appro- 
priations made by them for their support, are hereby legalized ;. 
and said boards of supervisors are hereby authorized and em- 
powered to make further appropriations for the support of such 
schools already established, until such schools shall have been 
established under the previous sections of this act. 

135. Memlbers of board not compensated. § 6. No 
member of the aforesaid county board of education shall be 
entitled to compensation for services rendered as a member of 
such board. 

136. Act in force. This act shall be in force from and 
after its passage. 

An Act to provide for the manner of issuing warrants upon 
the treasurer of any county, township, city, school district 
or other municipal corporation, and jurors' certificates. 
[May 31— July 1, 1879.] 

137. Warrants drawn only when there are funds. 
Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That warrants payable on. 
demand shall hereafter be drawn and issued upon the treas- 
urer of this state, or of any county, township, city, school dis- 
trict or other municipal corporation, or against any fund in 
his hands, only when, at the time of the drawing and issuing 
of such warrants, there shall be sufficient money in the ap- 
propriate fund in the treasury to pay said warrants, (a) 

(a) The Teacher's Order for Wages — Other Orders. It would 
appear, from the fact that Sec. 53 is the later act of the legis- 
lature, that the teacher's order for wages is exempt from the- 
provisions of this act. It is said in Sec. 53 that the teacher's 
order may be issued upon the approval of his schedules, and 
that it shall draw interest when not paid on presentation for 
lack of funds. This clearly implies power to issue the order 
when there are no funds in the treasurer's hands with which 
it may be paid. But orders issued by school boards for any 
and all other purposes are subject to the provisions of this act. 

138. Income from taxes anticipated. § 2. That 
whenever there is no money in the treasury of any county. 



248 SCHOOL LAWS AND DECISIONS. 

township, city, school district or other raunicipal corporation 
to meet and defray the ordinary and necessary expenses therof, 
it shall be lawful for the proper authorities of any county, 
township, city, school district or other municipal corporation, 
to provide that warrants may be drawn and issued against and 
in anticipation of the collection of any taxes, already levied 
by said authority for the payment of the ordinary and neces- 
sary expenses of any such municipal corporation, to the ex- 
tent of seventy-five per centum of the total amount of any 
said tax levy :* Provided, that warrants drawn and issued under 
the provisions of this section, shall show upon their face that 
they are payable solely from said taxes when collected, and 
not otherwise, and shall be received by any collector of taxes 
in payment of the taxes against which they are issued, and 
which taxes, against which said warrants are drawn, shall be 
set apart and held for their payment. 

139. Jurors' certificate.. § 3. All jurors' certificates 
shall hereafter be issued in conformity with the provisions of 
this act. 

An Act to amend an act entitled "An act to enable counties, 
cities, townships, school districts and other municipal cor- 
porations to take up and cancel outstanding bonds and 
other evidences of indebtedness and fund the same," ap- 
proved and in force March 26, 1872. 

[April 4— July 1, 1875.] 
Section 1. Be it enacted by the People of the State oj Illinois, 
represented in the General Assembly: That section one of the 
aforesaid act be amended so as to read as follows : 

140. Bonds refunded. § 1. That in all cases where any 
county, city, town, township, school district, or other municipal 
corporation have issued bonds or other evidences of indebted- 
ness for money, on account of any subscription to the capital 
stock of any railroad company, or on account of or in aid of 
any public buildings or other public improvement, or for any 
other purposes which are now binding or subsisting legal obli- 
gations against any county, city, town, township, school dis- 
trict or other municipal corporations, and remaining outstand- 
ing, and which are properly authorized by law, the proper 
authorities of any such county, city, town, township, school 
district or other municipal corporations may, upon the surren- 
der of any such bonds, or other evidences of indebtedness, or 
any number thereof, issue in place or in lieu thereof, to the 
holders or owners of the same, new bonds or other evidences 
of indebtedness, in such form, for such amount, upon such 
time, not exceeding the term of twenty years, and drawing such 
rate of interest, not exceeding ten per cent., as may be agreed 
upon with such holders or owners ; and such new bonds or other 
evidences of indebtedness so issued, shall show on their face 

* Form No. 48. 



SCHOOL LAWS AND DECISIONS. 249 

that they are issued under this act : Provided, that the issue 
of such new bonds in lieu of such indebtedness shall first be 
authorized by a vote of a majority of the legal voters of such 
county, city, town, township, school district or other municipal 
corporation, voting either at some annual or special election of 
such municipal corporation : Aiid, provided further, that such 
bonds or other evidences of indebtedness shall not be issued so 
as to increase the aggregate indebtedness of such municipal 
corporation beyond five per centum on the value of the taxable 
property therein — to be ascertained by the last assessment for 
state and county taxes prior to the issuing of such bonds or 
other evidences of indebtedness. Nothing contained in this act, 
or in the act to which this is an amendment, shall be held tO' 
repeal or in anywise affect the power of the city of Chicago to- 
issue new bonds to an amount sufficient to retire and satisfy 
maturing bonds of said city, conferred by section thirty- eight 
of an act of the general assembly, approved February 13, 1863, 
amending the charter of said city, (a) 

{a) Refunding Bonds. Comments upon refunding bonds may 
be found in Sec. 47, note (b), 6 and 7. 

An Act to require officers having in their custody public funds 
to prepare and publish an annual statement of the receipts 
and disbursements of such funds. 

[May 30-.Tuly 1, 1881.] 
141. OflB.cers to publish annual statements. Section 1. 
Be it enacted by the People of the !State of Illinois, represented 
in the Genei-al Assembly: That each and every public officer, 
elected or appointed, of each and every county and township 
in this state, who shall, by virtue of his or her office, have 
the custody of public funds, shall, at the expiration of each 
fiscal year, prepare a statement of the amount of public funds 
received and expended by him or her during the fiscal year just 
closed ; which statement shall show the amount of public funds, 
if any, on hand at the commencement of said fiscal year, the 
amount of public funds received, and from what sources re- 
ceived, the amount of public funds expended, and for what 
purposes expended ; and the officer making such statement 
shall subscribe and swear to the same before some person au- 
thorized to administer oaths ;* and such officer shall cause 
such statement to be published in some newspaper published 
in the county in which such officer holds his or her office, for 
one week ; and if no newspaper be published in such county, 
then such officer shall make three (3) written copies of such 
statement, and post them in three (3) of the most public places 
nearest to the location of his or her office : Provided, that the 
provisions of this act shall not apply to sheriffs, circuit clerks, 
county clerks, county recorders, county superintendents of 

* Form No. 49, 

—16 



250 SCHOOL LAWS AND DECISIONS. 

schools, county treasurers, county collectors, and township col- 
lectors, in counties under township organization : And, pro- 
vided, farther, that the cost of the publication of said statement 
shall not exceed the sum of one dollar ($1) per one hundred words, 
to be paid out of the funds in the hands of the officer making 
such statement : And, provided, further, that said public officer 
shall not be required to have said statement published, if he 
shall be unable to procure such publication at the price al- 
lowed by this act. {a) 

(a) Township Treasurers to publish Statement. A statement 
such as this act requires must be published each year by the 
township treasurer. The phrase "at the expiration of each 
fiscal year" has no particular meaning as applied to a school 
treasurer's affairs. It is believed that a publication made just 
after the April meeting of the trustees will be of more interest 
to the people than at any other time, since their attention is 
called to school matters then by the occurrence of the school 
elections. The treasurer can as easily make up the statement 
then as at any other time. It is, therefore, advised that the 
statement required be pubhshed in April, shortly after the 
trustees' meeting. But it is not held that a publication at some 
other period would not be timely. 

The statement must be made with enough of detail to show 
the sources of the receipts, and the purposes of the expendi- 
tures. 

142. Penalty. § 2. Any public of&cer of any county or 
township in this state, who, by virtue of his or her office, shall 
have the custody of public funds, and who shall refuse or neg- 
lect to comply with the provisions of the first section of this 
act, shall be deemed gailty of a misdemeanor, and, upon con- 
viction thereof, shall be fined not less than fifty dollars ($50) 
nor more than five hundred dollars (|500), at the discretion of 
the court, which fine shall be paid into the treasury of the 
county or township in which the officer convicted of said mis- 
demeanor shall hold his or her office ; and it shall be the duty 
of the state's attorney for the county in which said misde- 
meanor is committed, to bring suit against any public officer 
charged with the violation of the provisions of this act, in any 
court having jurisdiction. 



IFORMS, CALENDAR AND TABLE OF CASES. 

FOKMS. 

Form 1. County Supeeintendent's Bond. [§ 12.] 
Use always form in Sec. 12 of the school law. 

Form 2. Eeceipt or County Superintendent. [§ 16.] 

«.... ,111, 18... 

Eeceived of county superintendent of county, the sum of 

100 dollars, being the amount apportioned for the year 18.., to township 

No , range in said county by said county superintendent. 

, Toionship Treasurer. 

Form 3. Note to County SupePvIntendeet. [§ 19.] 
Use form No. 40, with needed changes. 

Form 4. MoETGAGE to County Supeeintendent. [§ 19.] 
Use always, with necessary changes, the form in Sec. 58 of the law. 

Form 5. Ceetificate of County Supeeintendent in Appeals. [§ 20.] 

Office of the County Supeeintendent of Schools. 

Ill ,18.. 

To Superintendent of Fuhlio .Instruction: 

Sie: There is transmitted herewith a statement of the case, and the documents 

presented to me, in the controversy between and .together 

with my decision thereon, from which an appeal has been taken to you. 
1 certify that the statement is full and correct. 



County Superintendent of Schools for County. 

Form 6. Notice of Election of Township Trustee. [§ 25.] 
Note.— If more than one trustee is to be elected, consult note (a), 2, Sec. 27, before 
drawing the notice. 

Notice is hereby given, that Saturday, the day of 18 , 

at , in township No range county. Illinois, an 

election will be held for school trustee for said township. Which 

election will be opened at o'clock M.., and will continue open until 

■o'clock JM. of the same day. 

By order of the trustees of schools of said township. 



Dated 18... Township Treasurer. 

Form 7. Poll Book of Election of Township Trustee. [§ 30.] 

Poll book of election held at in township , range county of 

and State of Illinois, on Saturday, the day of -a-*^--- 

I do solemnly swear (or affirm, as the case may be), that I will support the Consti- 
tution of the United States, and the Constitution of the State of Illinois, and that I 
will faithfully discharge the duties of the office of judge of election (or clei-k, as the 
case may be), according to the best of my ability. 
Subscribed and sworn to before me this day of 18... 



NoTE.^Each judge and the clerk must take the oath. Sec. 27, note (a). 



No. 



Names of Voters. 



Form 8. Tally Sheet of Election of Township Trustee. [§ 30.] 

Tally list of an election held at in township range , in the 

county of , 111., for school trustee for said township, on the day 

of IS... 



Names of persons voted for. 



Tallies. 



252 FORMS OF SCHOOL INSTRUMENTS. 

Form 9. Retuen of Election of Township Trustee. [§ 30.] 

At AN ELECTION held at , in township range , ia 

the county of , 111., on the day of 18 the follow- 
ing persons received the number of votes set opposite to their respective names, for- 
the office of seliool trustee of said township : 



Names of persons voted for. 



Whole number of votes east for each person. 



Certified by us, 

Judges of Election. 



Attest, 

Clerk of Election. 

Form 10. Notice of Special Meeting of Trustees. [§ 32.] 
To 

Sir: There will be a special meeting of the trustees of schools of township 

, range at on the day of ,18 at tlie- 

hour of o'clock, M., to attend to tlie following business. 

[Here insert business to come up.] 
,111., ,18 



Note.— Tlie notice may be given by two trustees. 



President. 



Form 11. Petition BY MAJORITY OF LEGAL VOTERS OF A district. [§33.] 

We, tlie undersigned, being a majority of tlie legal voters in district No , in 

township , range , in county, petition the trustees of 

schools of said township to divide said school district along a line beginning [here 
give line of division], making two districts thereof; and we declare that each of the 
new districts will have not less than ten families living in it. [Here sliould follow 
names.] 

Note.— If the district runs into two townships, the petition must be addressed to 
botli boards of trustees, and must be drawn and signed in duplicate, so that it may 
be presented to each board. 

With necessary changes to express the different purpose, this form may be used 
when a majority of the legal voters of a district wish to petition to liave their district 
consolidated with another district ; or to have a portion of their territory set off to 
another district; or to liave a portion of their territory together with other territory 
made a new district. But the clause with regard to number of families should not 
be retained except in the last case. 

This form can be used by the voters of two or more districts. In sucli case it 
should begin : "We, the undersigned, being a majority of the legal voters in each of 

these school districts, namely, district No , in township range , and 

distrietNo in township range ," etc. 

Form 12. Petition by two-thirds of Legal Voters for a New District. [§33.] 
We, the undersigned, being two-thirds of the legal voters in the territory herein 

described, petition the trustees of schools of townsliip , range 

in county, to make a new school district of this territory, namely. [Here 

describe the territory.] And Ave declare that said district will not have less than 
ten families resident in it, and that no district from which territory will be taken will 
be left with less than ten families. [Here should follow names.] 

Note. If the districts aflfeeted by the proposed change do not all lie in the same 
township, then the petition must be addressed to tiie two, three or four boards, and 
two, three or four petitions, one for each board, must be drawn up and signed. 

Form 13. Petition of two-thirds of legal voters to have territory in 

WHICH THEY LIVE SET OFF FROM ONE DISTRICT TO ANOTHER. L§ 33.] 

We, the undersigned, being two-thirds of tire legal voters living in the territory 

herein described, petition the trustees of schools of township , range 

in county to detach this territory, namely : [Here describe territory,] from 

district No township , range and add it to distrietNo. 

in township range 

[Here should follow names]. 

Note. The directions given in note to No. 12. must be followed here. 



FORMS OF SCHOOL INSIRUMENTS. 253 

Form 14. Notice of petition to Disthicts Affected. [§ 33.] 
Use the form given in Sec. 33 of the school law, and append to it a copy of the pe- 
tition, including the names. 

Form 15. Ceetificate of Delivery of Notice. [§ 33.] 

To the trustees of Schools of Township Range in County: 

Thereby certify that on the day of 18 , I served 

president (or clerk) of the directors of school district No township 

range in county with a copy of a petition [here insert a descrip- 
tion of the petition sufficient to designate it clearly] and with the notice in regard to 
the same which is required by Sec. 33 of the school law. 



Form 16. Notice of Appeal by a Petitionee. [§ 33.] 

To the Treasurer of Toivnship Range in County: 

I hereby give notice that, as a signer of a petition, [here insert a description of the 
petition suffleient to identify it], I appeal to the county superintendent of schools of 
county from the action of the trustees of schools of said tOAvnship in re- 
fusing said petition. 



.18. 



Form 17. Notice of Appeal by Opponent of Petition. L§ 33.] 

To the Treasurer of Township Range in County: 

I hereby give notice that, being one who appeared before the trustees of schools 
of said township and opposed a petition, [here insert description of petition], I 

appeal to the county superintendent of schools of county from the action 

of said trustees in granting said petition. 



.18. 



Form 18. Permit of Transfer. [§ 35.] 

m. ,18.... 

By order of the board of directors of school district No ,T R 

permission is granted who is a resident of this district, and 

of lawful school age, to attend school months in district No 

T ,R 

This permit shall continue in force months from this date. 



Clerk. President. 
Ill, ,18.... 

Approved by order of the board of directors of school district No T 

H 

Clerk. Fresident. 

Form 19. Notice of District Election. [§ 42.] 
Notice is hereby given, that Saturday, the day of 18 

an election will be held at ,in school district No township 

range county of and iState of Dlinois, for the purpose of electing 

school director for said district. The polls will be opened at 

o'clock M.., and close at o'clock M.., of the same day. 

Dated this day of , 18 



> School Directors . 

Note. If more than one director is to be elected, consult Sec. 27, note (a), 2, before 
drawing the notice. 

Notices of meetings to vote on various business questions may be in substantially 
the same form, except that such meetings are not required to be held Saturday, 
but may be held on any other day of the week. The various questions to be voted 
on should be clearly stated. The poll-book, tally list, and returns of district elec- 
tions are substantially the same as of township elections, forms for which have 
already been given— Forms Nos. 7, 8 and 9. 

Form 20. Notice of Special Meeting of Directors. [§ 42.] 
See Form No. 10 for special meeting of trustees. 

Form 21. Certificate of Tax Levy. [§ 44.] 
Use form in See. 44 of the law. 

Form 22. School District Bond. [§ 47.] 

Know all men by these presents, that school district No in township No. 

i, , range No , in county. State of Illinois, is indebted unto 



254 FORMS OF SCHOOL INSTRUMENTS. 

in the sum of dollars, for money borrowed, according 'to the- 

instructions of the voters of said district, expressed by a vote as prescribed by th& 

forty-seventh section of the school law. to be paid in year., from date, with 

interest thereon from the date hereof, at the rate of per cent, per annum, in- 
terest payable annually. 

Dated this day of 18 

In witness whereof, we, the school directors of said district, have hereunto set our 
hands and seals. 

[SEAL.l 

[SEAL.l 

[seal.] 

Form 23. Conteact with Teacher. [§ 48.] 

It is hereby agreed, between the school directors of district No township- 

range county of and State of Illinois, and G. H.,a aualified 

teacher of said county, that the said G. H. is to teach the common school in said dis- 
trict for the term of months, beginning the day of , 

18 ; and that for such services properly rendered the said directors shall pay the-- 

said teacher loo dollars a month. 

ri' =n'' {.Directors of said. 
^- f- J District. 

G. hV, Teacher. 

Form 24. Teacher's Certificate. [§ 50.] 

Use form in Sec. 50 of the school law. 

Form 25. Renewal of Teacher's Certificate. [§ 50.] 

Office of County Superintendent of Schools. 

,IU ,18.... 

The within certificate is hereby renewed for year., from , 18 ,. 

the date of its expiration. 



County Superintendent of Schools for County. 

Form 26. Revocation of Teacher's Certificate. f§ 50.] 

Office of County Superintendent of Schools. 

ni ,18 

To 

Sir: The certificate of aualiflcation held by you as a common school teacher in- 
county, bearing date ,18 , is hereby revoked. 



County Superintendent of Schools for County. 

Note. If the certificate can not be taken up, a notice like the above addressed to- 
the public may be published in some paper of the county. 

Form 27. Notice of Revocation of Teacher's Certificate. [ §50.] 

Office of County Superintendent of Schools. 
,111 18 

To the Clerk of Dis^trict No , in Toion Range ; 

Sir: You are hereby notified that, on the day of ,18 ,1 

revoked the certificate of a teacher in your district. 



County Superintendent of Schools for County. 

Note.— If the teacher gives up his certificate and stops teaching, this notice need 
not be sent. But if he persists in teaching, this notice should be sent, and a similar- 
notice should be sent to the township treasurer who holds the district's funds, and 
to the president of the school trustees of the township. 

Form 28. Monthly Report of Institute Fund. [§ 51,] 
List of persons who have paid examination fees, as required by Sec. 61 of the - 

school law during the month of , and of those who have paid renewal fees: 

[Here insert names, keeping the two classes distinct.] 
The foregoing list is correct. 



18 County Superintendent of Schools. 

Note.— The list and moneys to be paid over should be given the county treasurer- 
on the first day of each month. 

Form 29. Report of Registration Fees. [§ 51.] 

List of persons who paid registration fees, as required by Sec. 51 of the school law,^ 

at the institute held at for week., beginning 18.... 

[Here insert names.] 



18 County Superintendent of Schools. 

Note. The list and moneys to be paid over should be given the county treasurer- 
as soon as the institute closes. 



FORMS OF SCHOOL INSTRUMENTS. 255 

Form 30. Oedee on Institute Fund. [§ 51.] 

Office of County Supeeintendent of Schools, 

County, III 18.... 

To Treasurer of County: 

Pay to the order ox loo dollars out of the institute fund for 

, as stated in his receipted bill on file in my office. 

County Superintendent of Schools. 
Note. The county superintendent must pay all institute funds which come into 
his ha,nds under Sec. 51 of the school law to the county treasurer. He must take 
vouchers for all payments from the fund and must make all payments by orders- 
on the county treasury. 

Form 31. Receipt foe Deposit of Institute Fund. [§ 51.] 

Office of County Teeasueee, 

m 18.... 

Reoeiyed of county superintendent of schools for county, 

100 dollars, to be placed to the credit of the institute fund. 



County Treasurer. 



Form 32. School Registee. [§ 53.] 
See form given in Sec, 53 of the law. 



Form 33. Schedule and Ceetificates. [§ 53.] 
See forms given in Sec. 53. 

Form 34. Receipt foe Schedule. [§ 53.] 

,77/., 18.... 

Received of G. H., teacher in the common school in district No township 

range a schedule of said school for the time beginning the 

day of 18 , and ending the day of 18 

A. B., Director. 

Form 35. School Teachee's Oedee. [§§53,67.] 

The treasurer of township No , range in county, 

will pay to , or order loo dollars for h services as teacher in 

our employ from 18 to ,18 inclusive, being at the rate of 

100 dollars a month, for which time we have certified h schedule as re- 
quired by section fifty-three of the school law. 

By order of the board of directors of districtNo in said township. 

A. B., President. 
C. D., Clerk. 

Form 36. Endoesement of Teachee's Oedee foe Wages. L§ 53.] 

This order was presented tome for payment this day of ,18 » 

and was not paid for lack of funds. 



Townshw Treasurer. 

Form 37. Notice of Funds to pay Oedee. [§ 53.] 

To the Clerk of District ]^o , Town , Bange ; 

Notice is hereby given you that I have money on hand to the credit of your dis- 
trict with which to pay order No , issued to your teacher, for wages. 



Township Treasurer^ 
.III, ,18.... 



Form 38. Township Teeasueee's Bond. [§55.] 

Use always the form given in Sec. 55 of the law. 

Note. The treasurer's bond must be acknowledged hy him and 'by each of his 
sureties before some officer authorized by law to take acknowledgments. Notaries- 
public and justices of the peace are so authorized. The bond should be acknowl- 
edged before approval by the trustees. The form of acknowledgment prescribed is 
as follows ; 
State of 1 

County of t^^- 

I, hereby certify that , who are 

personally known to me to be the same persons whose names are subscribed to the 



256 



FOEMS OF SCHOOL INSTRUMENTS. 



foregoing instrument, appeared before me this day in person and acknowledged that 
they signed, sealed and delivered said instrument as their free and voluntary act for 
the uses and purposes therein set forth. 
Given under my hand and seal, this day of A. D., 



Form 39. Eecoed of Notes. 
See form given in Sec. 56 of the law. 



[§ 56.] 



Form- 



Note to Teustees of Schools. [§ 57.] 
: III, .... 



18.. 



after date, for value received, we jointly and severally promise to pay 

to the trustees of schools of township range in 

county, the sum of loo dollars and interest thereon, at the rate of per 

cent, per annum from date, payable annually. And we further agree to give any 
additional security which said trustees of schools may at any time require ; and no 
extension of the time of payment, Avith or without our knowledge, by the receipt of 
interest or otherwise, shall release us or either of us from the obligation to pay this 
note. 



Form 41. JVIoetgage to Teustees of Schools. 
Use always form in Sec. 58 of the school law. 



L§ 58.] 



Form 42. Demand foe Additional Secueity. 



To 



60.] 



Sie: By order of the trustees of schools of township range , 

I hereby require you to give additional security for the money loaned you from the 
school fund of said township. 



. Ill, 



.18. 



Township Treasurer. 



to 



Form 43. Teeasueee's Semi-annual Exhibit to Dieectoes. [§ 63.; 

Statement of the township treasurer of township range 

the directors of district No in said township: 

[Here insert a statement of receipts and expenditures in detail, for six months 
beginning with balance shown in last report and closing with balance on hand.] 

The foregoing is a full and true statement of the balances, receipts and expendi- 
tures of said district for the six months beginning 18 



n 18.... 

Subscribed and sworn to before me 
A. D. 18.... 



Township Treasurer. 
this day of 



Form 44. Oedee on Township Teeasueee. 
See form in Sec. 67 of school law; also forms 35 and 50. 



[§ 67.] 



Form 45. IVIagisteate's Repoet to County Supeeintendent. [§ 82.] 

Report of the docket of , justice of the peace in township 

range , county of State of Illinois, made on the day 

of 18 — to county superintendent of schools for said county: 



Names of per- 
sons fined. 



Date of 
fine. 



Amount 
of fine. 



Amount 
collected. 



Am't transmitted 
to county sup't. 



Name of officer. 



The foregoing is a full and true statement, such as is required of me by Sec. 77 of 
the school law, and includes all fines, forfeitures and penalties imposed or incurred 
in my court since the date of my last report, [or, if recently come into office, since 
my term of oifice began.] 

Justice of the Peace. 
Subscribed and sworn to before me this day of A. D. 18. . . 



CALENDAR. 257 

Form 46. Certificate of Puechase of School Lands. [§ 93.] 

Know all men that 1 county superintendent of schools for the county 

of have this day sold to , of the county of and State 

■of Illinois, the following described school lands: 

in consideration of dollars to me paid, and of a note (here de- 
scribe it,) in conformity with the provisions of the school law, and 

that upon the payment of the aforesaid note and the surrender of this certificate, 
the said purchaser, or his assigns, will be entitled to a patent from the state for said 
lands. 
Given under my hand at this day of A. D, 18 — 



County Superintendent of Schools. 

Form 47. Notice of Payment op Money to Township Trbasueee. [§ 113.1 

Tothe President of the Trustees of Township , range .■ 

1 have this day of , 18 paid your treasurer loo dollars, 

"being the amount apportioned to your township by me. 



County Superintendent of Schools in County. 

Note. This form can be used to report payments by other oificers, and also to 
make a report to clerks of school boards. [Sec. 113, note ia).] 

Form 48. Oedees deawn against Uncollected Taxes. L§ 137.] 

The treasurer of township , range , in county, will 

pay 100 dollars to order of for , out of the proceeds of 

the tax levied 18 , 

This order is issued and received in full discharge of the debt which it purports to 
pay, and it is payable solely from the proceeds of said tax when collected. 

By order of the board of directors of district No , in said township. 

A. B., President. 
C. D., Clerk. 

Note. This form can be varied, if it be desired to draw against a special tax, as 
■ one levied for building purposes. 

Form 49. Teeasueee's Published Statement. [§ 141.] 
Annual statement of the treasurer of township range for 

the year ending April 18 

[Here insert former balance, receipts, stating sources, and expenditures, stating 

purposes, and balance at date of report.] 
The foregoing statement of balances, receipts and expenditures of said school 

township for the year named, is full and true. 



Township Treasurer. 
Subscribed and sworn to before me this day of , 18.. 



Calendae of School Elections and Duties. 

■ January first. ifonday—Apportionvaent of auditor. 
March first, on or before— Vayment of auditor's warrant. 

On or before same day— Report of fines and forfeitures. 
April first— Gollectov of taxes to pay treasurer. 
April, fir. st Monday— Hesul&r meeting of trustees; treasurer's report. 

Within two days a/ier— Treasurer's statement to directors. 

Immediately a/^e?'— Treasurer to publish financial statement. 
.April, first Tuesday— Wieaiion of trustee, when elected at town meeting. 
.April, first Sat^lrday—'E[QQtion of trustee, in other eases. 

Within ten days a/ier— Organization of board of trustees. 

Same da?/— Election of members of boards of education. 
.April, third Saturday— 'Election of directors; their report to voters. 

Within five days after— 'Report by board to treasurer. 

Within ten days a/i!er— Organization of board of directors. 
July seventh— Directors' report of statistics to treasurer. 

On or before same day— AW schedules filed with treasurer. 
^uly fifteenth— Trustees report to county superintendent. 
August, first Tuesday— Directors to certify tax levy to treasurer. 
A.ugust, second Monday— ^ame returned to county clerk by treasurer. 



258 



TABLE OF CASES. 



August fifteenth— County superintendent's report to state superintendent. 
September, at Annual Meeting— Goiinty superintendent's report to county board. 
September thirtieth— Tveasiirev's report of notes, etc., to county superintendent. 
October, first Monday— Jiegulur meeting of trustees ; treasurer's report. 

Within tioo days a/'te?-— Treasurer's statement to directors. 
November first-State, superintendent's report to governor; biennially. 
Nove.'inher, Tuesday after first Monday, iSS6— Election of state and county superin- 
tendents, and quadrennially thereafter. 

Table of Cases. 





PAGE. 




PAGE 


Abington v. N. Bridgewater, Mass 


.... 119 


Chicago, Merwin v.. Ill 


154 


Abry, "Watson v.. 111. App 


.... 154 
..92,113 


Chicago V. People, 111 


....10,43,94 


Adams t). State, 111 


Churchill v. Fewkes, 111. App . 


.123.137,148 


Adams, State v., Vt 


.... 98 


Churchman, Stuckey v.. 111. App 140- 


Adamson, Lyon v., la, 


.... 117 


Clark V. Directors, 111 


.106,111,203 


Aikman v. Dist., Kas 


.... 55 


Clark 'i>., Dist, Yt 


139 


Akers, Jacksonville v.. 111. App. . . 


.120,138 


Clifford, Nevilii., Wis 


155^ 


Alderman «. Directors. Ill 


.... 87 


Coe, Pennington ■('.. Ill 


.105,152,154 


Allen. Quinn v.. Ill 


-.87,154 


Com'rs, Pace i'.. Ill 


86 


Arnold, B'd of Edu.t;., Ill 


.174,215 


Com. 1). Eandall, Mass 


134 


Bac. Ab., Assault and Battery 


.... 134 


Cooley on Taxation 


11 


Badger u Knapp, 111. App 


...67,70 


Cooley's Blaokstone 


135 


Baldridge, Casey v.. Ill 


.... 172 


Cooper v. McJunkin, Ind 


132 


Barrv. Deniston, N. H 


.172, 173 


Cotton (1. Reed, 111 


153 


Bassett v. Pish, N. Y 


.... 90 


Cottrell, Appeal of, R.I 


40 


Bateman, NeM^ton 


.... 144 


Co. Champaign. Univ. v.. III.. 


10 


Bates, McCortle v., Ohio 


.... 100 


Crane v. Hyde Park, Mass 


86 


Beardstownt). Virginia, 111 


.... 49 


Crawfordsville v. Hays, Ind.. . 


138 


Beaver, Thompson v.. Ill 


..68,122 


Cumrnings, Spear v.. Mass ... 


140,149 


Berner, Jackson v.. Ill 


.... 233 


Curry w. Mack, 111 


193 


Benjamin i). McConnell, 111 


.... 140 


Davidson v. Reed, 111 


8t> 


Beverly 11. Sabin, 111 


.... 153 


Davison, Trustees «., Ill 


193. 


Bigelow v. Randolph, Mass 


.... 90 


Davis V. Directors. Ill 


.137,139,171 


Bivens y. Harper, 111 


.... 154 


Davis, Littlewortv., Miss 


192- 


Black, Com., 1 


.... 131 


Day, Weir v., Ohio 


91 


Bloomington, McLean Co. i'.,Ill.. 


.... 11 


Deniston, Barr v., N. H 


172,173 


B'd of Edu. V. Arnold, 111 


.174,215 


Deskinsw. Gose,Mo 


124 


B'd of Edu., Finch i'., Ohio 


.... 90 


De we y i'. Dist. , Mich 


139,181 


B'd of Edu., Hewitt u.. Ill 


.103, 114 


Directors, Alderman v.. Ill 


87 


B'd of Edu., Millard »., 111. App .. 


.... 118 


Directors, Clark n. , 111 


.106,111,203 


B'd of Edu., Peers v.. Ill 


.111,204 


Directors, Davis t).. Ill 


.137,139,171 


B'd of Edu., People »., Ill 


.... 236 


Directors v. Directors. Ill 


71,75 


B'd of Edu., Powell v.. Ill 10, 17, 1(54 


Directors v. Directors, 111. App 


75 


B'd of Edu., State v., Wis 


..89,123 


Directors V. Fogleman, 111 


105 


B'd of Edu. V. Taft, 111. App 


.... 112 


Directors. Folsom v.. Ill 


.106,113,204 


Bradley V. Case, 111 


.201,229 


Directors v. Hudson, HI 


138,142 


Braner, Trustees v.. Ill 


.... 86 


Directors v. Jennings, 111. App 


55,137 


Brewer, People v.. Ill 


. . . . 46 


Directors v. Miller, 111 


103,114 


Bruner I). Madison Co., Ill 


.... 209 


Directors, Neville v.. Ill 


141 


Burt, McCormick n.. Ill 131 


, 137, 150 


Directors. Newell v.. Ill 


204 


Burton, State v., Wis 1? 


,121,150 


Directors. Nichols I'., Ill 


91 


Butler y. Haines, Ind 


.137, 171 


Directors, Noble v.. Ill 


155,172 


Case. Bradley y., Ill 


.201,229 


Directors v. Parks, 111 


88 


Casey y. Baldridge, 111 


.... 172 


Directors v. People, 111 


56 


Charlestown, Sherman v., Mass.. 


.124,150 


Directors, Perkins i\, la 


124 


Chase v. Stephenson, 111 


.... 236 


Directors, Price v.. Ill 


86 


Chessliire u. People, 111 


...64,71 


Directors i'. Roddick, 111 


142:: 



TABLE OF CASES. 



259 



PAGE. 

Directors, Stevenson v.. Ill 80,117, 

137,139 171 

Directors v. Taylor, 111 H^ 

Directors v . Trustees. Ill 68 

Directors, Trustees •«.. Ill 68 

Directors, Wilson v.. Ill 85,86 

Distric-t, Clark v., Vt 139 

District, Dewey v., Mich 139,181 

District, Everett ii . , Mich 138 

Districts. Harvey, Vt 98 

District, Johnson v.. Mo 100 

District I'. McCoy, Kas 142 

District, Mincer v.. Kas 100 

District, Monaghan ■« . , "Wis 139 

Districts. Padden.Pa 55 

Districts. State, Neb 113 

District v. Sterricker, 111 163 

District, Stuart v., Mich 10 

District, Thompson i'.. Pa 153 

Dist. Tw'p of Corwin v. Morehead.Ia. 86 
Dist. Tw'p Woodbury, Lane v., la — 90 

Drittf'. Snodgrass, Mo 125 

Dunning. Simons v.. Ill 51 

Dupuyt, People I)., Ill 104 

Elmore v. Overton. Ind 158 

Everett v. District, Mich 138 

Fassett, Stevens v.. Me 1,32,135 

Eessenbeck, Moore t). , 111 107, 212 

Fewkes, Churchill v.. 111. App. .123, 137, 148 

Finch v.B'd of Edu., Ohio 90 

Fish, Bassettv., N.Y I'O 

Fisher r. People, 111 82 

Fogleman, Directors y.. Ill 105 

Folsom V . Directors, 111 106, 113, 204 

Fuller V. Heath, 111 11,214,215 

Garrard, Wilson I'-, 111 86 

Gerke v. Purcell, Ohio 153 

Geddes i'. Thomastown, Mich 211 

Glidden v. Hopkins, 111 202, 203 

Gose, Desklus ('., Mo 124 

Graham, States;., Wis 17.66,70 

Greenleaf , v. Trustees, 111 10, 44 

Grove t'. Inspectors, 111 118 

HaasiJ. Myers, 111 138 

Haines, Butler v., Ind 137, 171 

Haines, People f., Ill 192 

Hale's P. C 131 

Harper, Bivens v.. Ill 154 

Harvey, District v., Vt 98 

Harvey v. Irwin, la 117 

Hawk. 1 134 

Hays, Crawfordsville v., Ind 138 

Hazen V. Lerche, Mich 55 

Heath, Fuller v.. Ill 11,214,215 

Hewettv. B'dof Edu.,111 103,114 

Higbee. Judge C. L 148 

Hodge, People u..Neb 75 



PAGE. 

Holbrookt'. Trustees, 111 93 

Holmes v. Mattoon, 111 155 

Hopkins, Glidden i'., Ill 202,203 

Houghton. Spragins i>.,Ill 49 

Hudson, Directors i'.. Ill 138,142 

Humistonu. Trustees, 111. App 92 

Hyde Park. Crane v.. Mass 86 

Inspectors, Grove y.. Ill 118 

Irwin. Harvey v., la 117 

Jackson V. Berner, 111 233 

Jacksonville v. Akers, 111. App.... 120, 138 

Jennings, Directors v., 111. App 55 137 

Johnson i>. District. Mo 100 

Jones V. Wright, Mich 92 

Kal. Nov. Mfg. Co. v. Macalister,Mich 138 

Kent's Commentaries, 2 132 

Kidd, State ■!'., Wis 75 

Kildufl, People i'., in 50 

King y. McDrew, 111 109 

Knapp, Badger v., lU. App 67,70 

Lander v, Seaver, Vt 124, 125, 133 

Lane v. Dist. Tw'p Woodbury, la — 90 

Langdale «. People. Ill 202 

Law y. People. Ill 105 

Lerche, Hazen t)., Mich 5& 

Littlewort v. Davis, Miss 192 

Lovingston v. Trustees, 111 92, 199, 209 

Lynnfield, Eussell v., Mass 120 

Lyon y.Adamson, la 117 

Macalister, Kal . Nov. Mfg. Co. f., Mich 138 

McConnellw. Benjamin. Ill 140- 

McCormick v. Burt, 111 131,137,150 

MeCortle i). Bates, Ohio 100 

McCoy, Dist. v., Kas - 142 

McCutchen v. Windsor, Mo 137 

McDonald t'. Madison Co.. Ill 209 

McDrew, King v.. Ill 109 

McJunkin, Cooper y., Ind 132 

McHenry y. Trustees, 111 193 

Mack, Curry t).. Ill 193 

McLean Co. v. Bloomington, 111 11 

Madison Co., Bruner v.. Ill 209 

Madison Co., McDonald y.. Ill 209 

Mann, Horace 137 

Marshall, Wilkins v.. Ill 49 

Matteson, People v.. Ill 50 

Mattoon, Holmes y.. Ill 155 

Mays, People y.. Ill 21,142 

Merwin V. Chicago. Ill 15* 

Millard y. B'd of Edu., 111. App 118 

Miller, Directors y. , 111 103, 114 

Miller y. Trustees, 111 '^8 

Mills y . Thornton, 111 109' 

Mincer u. District, Kas 100 

Misenheimer, Trustees v.. Ill 192,199 

Mizner, State v., la 119, 135 



260 



TABLE OF CASES. 



PAGE. 

Mizner, State «., la 133 

Monaghan v. Dist., Wis 139 

Moore v. Fessenbeck, 111 107, 212 

Moore u. Trustees. Ill 191 

Morehead, Dist. Tw'p of Corwin v., la. 86 

Mori'ow V. Wood, Wis 144 

Myers, Haas v.. Ill 138 

JSTat'l B'k Mendota u Smith, 111 109 

Nevil «. Clifford, Wis 155 

Neville v. Directors, III 141 

Newell -u. Directors, 111 204 

Newton v. People, 111 211 

Nichols I'. Directors. Ill 91 

Noble y. Directors, 111 155,172 

North Bridgewater, Abingtoni)., Mass. 119 

O. & M. E'y Co., Weber u.. Ill 107 

Overton, Elmore r., Ind 158 

Pace V. Com'rs, 111 86 

Pace ». People, 111 27,84 

Pacc'y. People, 111 21 

Padden, District v.. Pa 65 

Parks, Directors t).. Ill 88 

Peck-y. Smith, Conn 1.35,137 

Peers v.B'dot Edu., Ill Ill, 204 

Pekin V. Reynolds, 111 114 

Pendergrass, State «., N. C 134 

Pennington I). Coe, 111 105,152,154 

People «.B'd of Edu.. Ill 236 

Peoples. Brewer, III 46 

People, Chesshire v.. Ill 64,71 

People, Chicago v.. Ill 10,43,94 

People, Directors t'., Ill 56 

People V. Dupuyt, 111 104 

People, Fisher «., Ill 82 

People i>. Haines, 111 192 

People V. Hodge, Neb 75 

Peoples. Kilduff. Ill 50 

People, Langdale v.. Ill 202 

People, Law v.. Ill 105 

People t'. Matteson, 111 50 

Peoples. Mays, 111 21,142 

People, Newton v., Ill 211 

People, Pace -y.. Ill 27, 84 

People, Pace v.. Ill 21 

People. Peters v.. Neb 55.100 

People, Piatt ».. Ill 50 

People, Rogers v.. Ill 73 

People, Shaefer v.. 111. App .64,215 

People, Simons v.. 111. App 50,-56 

People ri. Sisson. Ill 111,112,113 

People, Speighti)., Ill 11,214 

People, Tappan«.,Ill 110 

People V. Tazewell Co., Ill 114 

People, Thatcher «., Ill 109 

People, Thatcher v., Ill 112 

People, Thatcher v.. Ill 112 

People V. Trustees, III 43, 104, 116 



PAGE. 

People V. Trustees, 111 44, 229 

People, Trustees 1),, 111 82,122,144 

People V. Trustees, 111 63, 116 

People ■!). Trustees, 111 10,94 

People. Univ. Chicago «., Ill 10 

People, Wells v.. Ill 172,173 

People, V. Wiltshire, 111 ■.... 109 

Perkins v. Directors, la 124 

Perkins V. Wolf, la 173 

Peters u. People, Neb 55,100 

Philhps, Judge Jesse J 149 

Piatt «. People, 111 50 

Pollock on Contracts 138 

Porters. Robinson, N. Y 55 

Post, Rulison t).. Ill 122, 137, 144, 146 

Potter V. Trustees, 111. App 65, 71 

Potters. Trustees, 111. App 183 

Powell iJ.B'd of Edu., Ill 10,17,164 

Price I'. Directors, 111 , 86 

Pureell. Gerke i'., Ohio 153 

Quinn 1'. Allen. Ill 87,154 

Randall, Com. v.. Mass 134 

Randolph, Bigelowu., Mass 90 

Raymond. Richards u.. Ill 10,82 

Reddiek, Directors «., Ill 142 

Reed, Cotton v.. Ill 1-53 

Reed, Davidson y., Ill 86 

Reeves Dom. Rel 134 

Reynolds, Pekint'., Ill 114 

Richards v. Raymond, 111 10, 82 

Roberson v. Troutt, 111. App. . . .120, 138, 142 

Robinson, Porter v., N. Y 55 

Rogers v. People, III 73 

RuKson V. Post, 111 122, 137. 144, 146 

Russell on Crimes 134 

Russell y. Lynnfleld, Mass 120 

Sabin, Beverly v.. Ill 153 

School Com'rs, Wiley «., Md 40 

School Dist., Aikmany., Kas 55 

School Dist., Stuart d., Mich 10 

Schouler on Dom. Rel 139 

Seaver, Lander «.,Vt 124,125,133 

Shaefer y. People, 111. App 64,215 

Sherlock y. Winnetka, 111 91,114 

Sherman y. Charlestown, Mass 124, 1.50 

Sheehan V. Sturgis, Conn 121,135 

Simons v. Dunning, III 51 

Simons v. People, 111. App 50,56 

Sisson, People v.. Ill Ill, 112, 113 

Smith. Nat'l B'k Mendotat?., Ill 109 

Smith Peck v.. Conn 135, 1.37 

Smith, Trustees t'.. Ill 184 

Snodgrass, Drift v., Mo 125 

Snyder V. Spaulding, 111 210 

Spear 1). Cummings, Mass 140,149 

Speight y. People. Ill 11,214 



TABLE OF CASES. 



261 



PAGE. 

Spragins v. Houghton, 111 -19 

State V. Adams, 111 92, 113 

State, Adams v., Vt 98 

State v.B'd of Edu.. Wis 89,123 

State V. Burton, Wis 17, 121, 150 

State, District y.. Neb 113 

State V. Graham, Wis 17, 66, 70 

State V. Kidd, Wis 75 

State V. Mizner, la 119, 135 

State V. Mizner, la 133 

State V. Pendergrass, N. C 134 

State V. Treasurer, Ohio 55 

State «. Whitford, Wis 39 

State V. Williams, Ohio 188 

State V. Williams, Vt 137 

Steele, Judge James 147 

Stephenson, Chase v.. Ill 236 

Sterricker. District ■«., Ill 163 

Stevens v. Fassett, Me 132, 1.35 

Stevenson v. Directors, 111 80,117,137, 

139 171 

Story's Conflict of Laws 119 

Stuokeyy. Churchman, 111. App 140 

Stuart V. District, Mich 10 

Sturgis, Sheehan v.. Conn 121, 135 

Taft, B'd of Edu. d.. 111. App 112 

Tappan V. People, 111 110 

Taylor v. Directors, 111 112 

Tazevrell Co., People i'.. Ill 114 

Thatcher v. People, 111 109 

Thatcher v. People, 111 112 

Thatcher v. People, 111 112 

Thomas v. Urbana, 111 154 

Thomastown, Geddes v., Mich 211 

Thompson v. Beaver, 111 68, 122 

Thompson v. District, Pa 153 

Thompson v. Trustees. Ill 19,184,185 

Thornton, Mills v.. Ill 109 

Tingley v. Vaughn, 111. App 142 

Townsend-y. Trustees, N. J 55 

Treasui-er, State v., Ohio 55 

Troutt, Eoberson v., 111. App... 120,138.142 

Trustees v. Braner, 111 86 

Trustees v, Davison, 111 193 

Trustees I'. Directors, 111 68 



PAGE. 

Trustees i'. Directors, 111 68 

Trustees, Greenleaf v.. Ill 10,44 

Trustees, Holbrooky., Ill 93 

Trustees, Humiston v.. Ill 92 

Trustees, Lovingston v.. Ill 92,199,209 

Trustees, McHenry v.. Ill 193 

Trustees, Miller v.. Ill 68 

Trustees v. Misenheimer, 111 192, 199 

Trustees, Moore v.. Ill 191 

Trustees, People i;. , 111 43, 104, llff 

Trustees, People v.. Ill 44,229 

Trustees 0. People, 111 82,122.144 

Trustees, People v. , 111 63, 116 

Trustees, People i'.. Ill 10,94 

Trustees, Potter v.. 111. App 65,71 

Trustees. Potter v. , 111. App 183 

Trustees -y. Smith: lU 184 

Trustees, Thompson v.. Ill 19,184,18.5. 

Trustees, Townsend 11., N. J 55- 

Univ. V. Co. Champaign. Ill 10 

Univ. Chicago v. People, 111. 10 

Urbana, Thomas v.. Ill 154 

Vaughn, Tingley v.. 111. .App 142^ 

Virginia, Beardstown v.. Ill 49 

Watson V. Abry, 111. App 154 

Weber 1'. O. & M. E'y Co., Ill 107 

Weir I'. Day, Ohio 91 

Wells 11. People, 111 172,173 

Whitford. State v.. Wis 39 

Wiley V. Com'rs, Md 40 

Wilkins v . Marshall. HI 49 

Williams. State I'., Ohio 138 

Wilhams, State i'., Vt 1-37 

Wilson V. Directors, 111 85, 86 

Wilson v. G-arrard, 111 86 

Wiltshire, People y.. Ill 109 

Windsor, McCutchen y.. Mo 137 

Winnetka, Sherlock y.. Ill 91,114 

Wolf, Perkins y., la 17S 

Wood, Morrow «., Wis 144 

Wright, Jones u.. Mich 92 

Wrigiey, in matter of, N. Y 119 

Zane, Judge C. S 104 



INDEX. 



PAGE. 

Accounts of township treasurer. . .185, 186 

subject to inspection 54, 186 

witli scliool districts. . . .185, 187, 197, 198 
Actions against— 

borrower of school funds. . 193, 194, 196 

collector of taxes 110, 205, 206 

members of school boards 235, 236 

persons not paying over fines. .227, 228 
persons preventing colored chil- 
dren from attending school 237 

purchaser of school lands 231 

school officers 209-212 

teachers 212 

treasurers 62, 183, 199, 200, 250 

trespasser on school property.. 87, 226 

trustees 56,62.199,209 

Acts, official, recorded 54, 56, 95. 

100,218 221 

special, relinquished 215, 219, 225 

repealed 233 

Adjournment to peifect petition 58, 67 

Administrators' iireference of debts.. 193 

Advertisement of land sales 93, 94, 230 

of school site 85 

Advice by Co. sup't 31, 33 

by state superintendent 16 

Age of school child 114, 118 

Apparatus, purchase of 103-105 

Appeal, from trustees to Co. sup't. .59, 60, 69 

to two Co. sup'ts 69 

to state superintendent 31,38 

Apportionment by auditor 205,206 

deductions from 207 

by Co. superintendent 26, 27 

by trustees 76, 77 

Appraisal of school lands 230,231 

of district property 61, 72 

Assessor notes number of district 108 

Assistant of Co. sup't 31,33 

compensation of 207,208 

Assistant teacher, certificate of 173 

employed by directors 138 

Attachment, writ of 1.54 

Auditor to apportion funds 205, 206 

to issue patents for school lands . 2.32 

to issue duplicates 233 

to issue warrant to pay Co. sup't. 207 
transcript of land sales filed by. . . 232 

Ballot, second not taken 153 

Ballots, at election of directors 97, 98 

at election of trustees 48 

blank, effect of 151 

excess of 50 

must be specific 48 

Bible and religious exercises in 

schools 125 

Board of education, appointed 221, 241 

elected 216,223,243 

funds subject to order of 218,221 

in cities of 2,000 216, 222-225 

organization of 218,242 

petitions to authorize ac- 
tion 217,224 



Same — Continued. page. 

president of 218, 241, 242 

quorum of 241, 242 

report of 218,225 

term of office in 216 

vacancies in 223 

vote to authorize action 224 

in cities of 100,000 219, 226 

leases and loans by 221 

exclusive powers of 220 

report of 221 

term of office in 221 

Bond, of Co. superintendent 19,20 

of state superintendent 15 

of township treasurer 182 

approval of by trustees 182,183 

approval of by Co. sup't 24, 25 

insufficient 182, 183 

new one given 1.83 

only one required 183 

Bonds for building purposes... 110, 111,224 
director not to buy of board. . .103, 113 

amount designated, limited 110-112 

payable at tw'p treasury 114 

refunded 114,248 

registered 110,113 

with state auditor 114 

sale below par unlawful 113 

sinking fund for 114 

term limited .11, 112 

vote for issue needed...ll0-112. 114, 248 

Bondsman not released 184 

Books, see "Text books." 

Books, etc., not sold by teachers and 

school officers 10, 212 

Boundaries, see "District boundaries." 
Branches of stiidy determined by 

directors 115,143 1.56,163 

by voters 156.163 

see. also, "Teachers' certificate ;" 
"Pupils." 

Calendar of elections, etc 251 

Census of children 41, 82, &3, 96 

appoi-tionments based on. 26, 76. 205,206 
special and general 219,222 

Certificate of tax levy 106, 107 

in districts in two or more coun- 
ties 106,107 

essential 107 

Certificate, teachers' 155 

a commission 163 

Co. sup'ts discretion regai'ding... 157 

Co. sup't to issue 155 

examination for 155, 160 

must betaken 160 

suggestions upon 158 

expiration of during term 171 

fee for 164,167 

good for entire term 171 

grades of 155,160 

qualifications for 1.55, 156 

record of 150,163 

renewal of 155, 161 

revocation of 141, 165, 161 



INDEX. 



263 



:Same— Continued. page. 

afisistant, special and substitute 

teachers to have --- j/^ 

^IqXq 156, loj 

teachers must all have .137, 171-173, 215 

Certiorari, writ of o» 

Challenge of voter. --■ 4J 

■Changes of text books ns. i« 

Children, colored, nghts of........23o-2^7 

illiterate reported 17, 83, % Ji^ 

number in schools |^ »^ 

number under 21 ...... u, so 

apportionment on — Zb,Z7,ii, 

205 -- -''6 

-Cities and tOAvns under general law— 

of 2, 1100 inhabitants .21">, ^.if^ 

of 100, 0(H) inhabitants 219, 22b 

under special laws.... 44,103,104, 

174,213,219,241 r-A"^, of 

•Clerk of board of directors x:.*'?;-J^r,f,R 

compensation of ..--%. 12, 209 

duties of 90,100,101,197 

of board of 'trustees, see "Tw'p 
Treasurer." ^ ^ „„, „„ 

of court to report fines, etc 227, ZZ^ 

of election liable -. ^y 

•Collectors, commissions of. .......... 1^9 

to pay warrants to Co. sup t. . . .205, 206 

to pay taxes to treasurer 18, 09 

to state am't uncollected ... .108, 109 
Colleges, etc., to report to state sup t 214 
Colored children, rights of . .235-2^7 

"Common school education defined 9 

■Common school lands ^^ 

certificate of purchase j^^j^ 

dedication of, for streets .238 

exempt from taxation 10, 94 

patents conveying -53^ 

rental of ^' 

see, also, "Real estate." 
•Compensation of school ofQcers— 

assistant of Co sup't - . .207, 208 

clerk of school board. ..%. 102, 209 

county sup't 10. 32. 206-2 8, 241 

directors 102,208,209 

state superintendent -^ n\t 

treasurer • - - - ■ = -■''■ -,-^J; 

trustees 77, 102, 208, 2n9 

"Compulsory" law. jtrtrQ 

Condemnation of school site ....^115, I06 
Consolidation of districts, see Dis- 
trict boundaries." , . „ 
of townships, see "Townships. 
•Constitution, provisions ot, on educa- 

tion ,--■•■,-, ■, 

<3ontracts of school boards— 

corporate not personal .54 , lib, 117 

not made with members. . . .97, 102, 103 

with a minor - - -103, 139 

with a teacher is lor personal ser- 

vices 1* 

rules oi board part of 138 

should be written 140 

term of l^, 

validity of I'l 

trustees to observe - 72 

Controversies under school law •--•gl'^8 

appeal to state supt 31,38 

hearing of -..-.f,- ■ - v ■ -„• - • - '* 

Conversion of funds, see Funds. 

Conveyances, by Co. sup t .42 

by trustees ^-^'^f 

to cities in trust -/-i 

to trustees ■-■■•--• loi 

Corporal punishment, decisions.... 131 
infliction of by teachers 135 



PAGE. 

Corporation, board of directors, a.114,116 

of education, a - . . - '-^16 

of trustees, a ....42 43 54 

school, how questioned.. -63, fab, 70, lib 

Costs of school officers ■.-:■--/;-• 1^^ 

County board, relations with Co. 

sup't 24,32,o7 

bond of approved by 19 

new one required 20 

office and supplies furnished to .20, 21 

removal of 20 

to examine report ot land sales.. 232 

vacancy in office of 20 

County clerk, may order election of 
"frustGC^ ....... 45 

map filed:::::: !.'.'.'."59,'66;62, 6.3.106, 107 
hst of taxpayers filed .59,60,62,63,106 

to compute district taxes 107 

to certify to treasurer 108 

to record land sales 232 

to transmit Co. sup't's bill to au- 
ditor 207,208 

County fund, see "Fund, county." 

County sup't of schools 10,18 

as city sup't or teacher 41 

as township treasurer 41 

assistant of 31, 33, 207, 208 

bills of 207.208,240 

bondandoathof 19,20 

certificates, to grant 155,156 

discretion in regard to 157 

may renew or revoke 155, 156 

to record 156,163 

cities under special laws to re- 
port to 213.215 

commissions paid to 2:^,206,207 

compensation of 206, 240 

county school fund held by. 30, 200, 201 
constitutional provisions con- 
cerning 10 

custodian of election returns SS 

delivery to successor 29 

director, removed by — 210, 211 

election of ordered by 47, 95. 99 

division of time by 31,32,37 

examination of teachers by.. 155, 

156-160,164 165 

fees collected by 164,165 

how used 164, 16 1 

fines, etc., duties as to 227,228 

institutes promoted by 31,33,35 

conducted by 165, 167 

liable for loss of funds 19 

office and office furniture for — 20, 21 

office expenses of 20,21 

real estate held by 42 

relations with county board.. 24, 32, 37 

removal of 20,21,29 

report of, to county board — 23, 24, 232 

to state superintendent 28,29 

to trustees of paym't to treas. 240 
sale of lands by, see "Common 
school lands." 

school supervised by 31, 32, 35, 36 

school funds apportioned by — 26. 27 

withheld 26,27 

teachers examined by.. 155, 156-1 60 

164 165 

to advise teachers and officers.. 31, 33 

to hear appeals 59,60,69 

to hear controversies 31,38 

to transmit statement of, to 

state superintendent 31,38 

treasurers' bonds approved by.. 24. 25 

increase of demanded 182,183 

books examined by 31, 40 

statement of loans made to .188, 192 



264 



INDEX. 



me — Coniimied. page 

trustee, election of ordered by 46, 47 

trustees' report to 82 83 

obtained by, if neglected 41*42 

vacancy in office of 20 

warrants paid in full to .'.'.'.\. 206 

Day, the school 150 

Debt, bonded, how disposed of wheii 
district lines are changed. 57, 66, 74 75 

Debts deducted %\ 74 

due school fund preferred .'." 193 
trustees may compromise ... 93 
Declamation and composition writ- 
ing 144 

Deed of school site to trustees 84,85 
Default of paym't of loans or inter- 
est 194 

Diploma of Co. normal school. ""156,163 
Directors of schools, action by- 
authorized by vote 97, 98, 105, 

111-115, 1.50-153, 156 163 

to add "other branches". 98,1.56, 163 

to build school house 97, 115, 152 

to enlarge house 112 

to issue bonds 97, 111 

to lengthen term of school. .98,115 

tolevyatax 105 

to locate site 97, 115, 151, 152 

to move house 97,115 

to purchase house 97,115 

to refund bonds 97,114 

authorized without a vote 98, 105 

apparatus purchased by 103, 105 

body politic and corporate, a.. 114, 116 
acts as such at meetings.. 100,116 

purposes of 116 

bond not given by, on appeal.. ' 155 

bonds of, not taken by 103 113 

branches of study prescribed 

, by 115.143,156,163 

business of, how transacted. 95, 100, 116 
clerk of, see "Clerk." 
contracts by, see "Contracts by 
school boards." 

election of 94,97 

ballots at "."" '97 

contested \\\ 97 

informalities in '"' 97 

in new district 60,71 

in dis't in two counties 59 97' 99 

judges of 95,96,97 

notices of 95,98 

on Saturday 95,99 

ordered by Co. sup't 95,' 99 

by tw'p treasurer 95 99 

plurality elects "97 

postponed 95 97 

aualiflcations of voters. . 97 

return of 96 101 

tie vote 95,97 

elections on special questions, 

called by 97, 99, 111, 11,5, 150 

blank ballots at 151 

conduct of, see above under 
"directors," "authorized to 
vote," and "election." 

day of 99 

not called by Co. sup't or treas. 99 

notices of 98,112,150 

second ballot at, illegal 98, 153 

second election for ' isi 

tie vote at \\ 151 

interest in contracts by board, 

prohibited to 97, 1(12 

janitor provided by ' 89 

judgments against 154, 155 

fraudulently obtained 155 

liability of 114,116,117,1.50 

for costs 154 



'&avLie— Continued. page 

for conversion of funds . . . 209' 
for dismissal of teacher . 141 

for expulsion of pupils . iis, 145 

for failure in duty 210 211 212 

for loss of funds 21l'212 

for making and enforcing rules' 136 

for schedules 179 180 

for perversion of funds. ' lo' 212 
when school house is used for 

meetings 90 

library purchased by ! iios.'ioi, 105 

may build on old site.. . 151 

may choose site, when ii5 153 

may not be teachers in their own 

district 103 

may not be trustees ". 97 102 

meetings of 96,100.101,116 

notices of 54, 96, 100 

. special 96, 100 

minor child of director not em- 
ployed by 103 

minors, contracts with... 139 
non-residence constitutes va- 
cancy .97, 102 

not hable to garnishment 154 

not hable to mechanic's lien 154 

orders of. void when loO, 247 

see "Orders." 

organization of 95,99 

in new district 60! 71 

poll-book returned by 96.97 101 

powers of, limited ne 

president of " 95 

pupils, see "Pupils." 

quorum oi , ... 114 ng 

records kept by 96^100 

submitted to treasurer 96' 101 

removal of by Co. sup't 210 211 

report by to treasurer 06 101 

to voters 96, ioi, 197 

rules and regulations made by .115, 122 
schedules, duties in regard to, 

1J6,179 180 

school house, duties regarding, 

see "School house." 
school moneys used for what. 

by. 103,104 

schools, closed by 1.39 181 

duties regarding 115il20 

sui-render of control of, by, 

forbidden 121 

visitation of, by ii5 137 

site, school, chosen by 115' 153- 

not to be bought by, of a di- 
rector 103 

see "Site." 

taxes, power of to levy 10.3-105 

certificate of levy of 106,107 

in two counties 106, 107 

return of 106, 107 

to cover expenses for how 

long 107 

see Taxes." 

teachers, dismissed by 115 141 

employed by 115, 137 

not for following year 139 

payment of. by 171, 176, 178, 181 

term of office of 94 

in new district ,' 60 

treasurer, exhibit of , to i97, 198: 

trespass, action of. by 87 

. vacancy in board of 94, 99 

Dismissal of school 117, 139, 179, 181 

of teacher 115 141 

Distributable fund, held by Co.'sup't.' 

23.164 167 

. by tw p treasurer 76, 77, 185. 186 

District, boundaries of, how changed,57,63 
appraisal of property, etc 61.73 



INDEX. 



265 



Sajne—Gontinued. page. 

bonded debts 57, 6(j, 74, 75 

classes of changes 57,63 

division of funds 61. 71 

election for 57, 66 

jurisdiction of trustees 64 

made at April meeting 57, 63 

by Co. sup't 59,60.69 

maps, etc., filed 59. 60, 63, 71, 106 

petition for 57, 58, 64, 66-68 

review of upon writ of certiorari. 68 
not to be made if new district 
will have less than 10 families. 57, 64 

Districts, designation of 57 

dissolution of— no school 62,76 

elections in, see under "Direct- 
ors," "election" and "elections" 

formation of 57, 63, 219, 225 

legality of questioned 63,68 

legahzed 238 

.fractional, polling places in 51 

funds credited to 78 

how expended 201, 202 

in new townships 57 

in two counties, election in 59,70 

liable to others 75 

limit of debt of 11,110,112 

of school term of. Wd, 104,114, 117, 217 

of taxation by 103, 104 

may not waive rights 75, 155 

new, elections in 60,71 

not liable for injury to pupils on 

school premises. 89 

overpayment of 78 

special, see "Cities under special 
laws." and "Special laws." 

of 400 inhabitants 239 

taxes, see "Taxes." 
union, see "Union districts," 
see also, "District, boundaries of." 
Diversion of funds, see "Funds." 
Division of property of districts.. 61, 71,73 
Donations, grants, etc., for school 

purposes 10, 84 

for sectarian purposes prohi- 
bited 10,212 

Education in the constitution 9-11 

Elections, school, see under "Board 
of Education," "Directors" "Dis- 
trict, boundaries of," "County su- 
perintendent," "State superintend- 
ent," "Trustees" and "Speciallaws." 
Eligibility to school offices. . . .44, 54, 97, 102 
ability to read and write not a 

test of 45 

of women 234 

Enumeration of children, see "Census." 

Epidemic, schools closed 139,181 

Examination of books, etc.— 

of Co. sup't by Co. board ... .22, 23, 232 

of treasurer, by Co. sup't 31,40 

by trustees 186 

Examinations of teachers, see "Cer- 
tificate, teachers'," "County super- 
intendent," "Teachers." 
by board of education.. 215, 217, 220, 224 

expenses of 164, 167 

notices and number of 164, 165 

state superintendent's 156, 163 

Executors' preference of school debts 193 
Exemptions of directors and trustees 

208 209 

Expenses, Co. sup't's 20,21 

Expulsion of pupils 115, 145, 150 

continues how long 149 

decisions upon 145-149 

in certain eases 149 

Fines, see "Penalties." 

—17 



PAGE. 

Fines and forfeitures 227, 228 

Forfeiture of funds by townships. 78, 83, 84 
may be remitted 83 

Forms 251 

Fractional townships, see "Town- 
ships, fractional." 

Free schools established 9, 15 

Fund, county 200, 201 

interest of, distributed 30, 200, 201 

lands, belonging to 42 

principal loaned 30, 200, 201 

report of 2.^ 

Fund, district 201 

account with 185, 186, 187 

disposition of when district is 

dissolved 62, 75, 7& 

division of 61,72 

how paid out 201, 202 

paid for what purposes 103. 104, 105 

surplus loaned .188. 192 

treasurer holds 91,92 

union district's 202, 203 

Fund, state 10,204,205 

apportionment from 204, 205, 206 

Fund, township 200 

additions to 196, 20O 

income of, distributed 200, 201 

principal of 185,186,200' 

loaned 187, 188-197, 20O 

treasurer holds 91, 92 

Funds, see "Apportionment of funds." 

Co. sup't liable for loss of 19 

diversion of 105, 154 

not subject to taxes 10, 11, 94 

school officers liable— 

for conversion of 209 

for loss of 211,212 

for perversion of 10, 212 

treasurer Uable for loss of 182, 18.3: 

Furniture, school, purchase of 103 

sale of by school olflcers pro- 
hibited 10, 212 

Garnishment, of school board 154 

General Assembly to provide free 

schools 9 

Graduates of county normal schools 

156 163 

High school, a part of school system 
9,143,156 163 

High school, township, see "Town- 
ship high school." 

Highest candidate ineligible 50 

Holidays 179, 180, 181 

Illiteracy, report of 17,83 

Indictment of school officers 209, 212 

of trespasser 226 

Informalities in elections 50, 97 

Informer to receive half 226 

Institute fund, source of 164, 170 

how held 164,167 

how paid out 21, 164, 167 

report of, to county board..23, 165, 167 

Institutes, attendance upon 165, 170, 240 

conduct of 167 

Co. sup't to hold 31, 35, 165, 167, 170 

fees for 164, 165, 170 

teachers for 170 

Insurance of school houses 88 

Interest, action to recover 194 

added to principal 196, 197. 200, 201 

apportioned 30, 200, 201 

extra, calculation of 194 

on teachers' orders 177, 179 

how stopped 177,179 

penalty for non-payment 194 

rate on loans 187, 188 



266 



INDEX. 



Sarae— Continued. page. 

on probated claims 193 

state to pay ...204,205 

Judges of election, may not convene 

after adjournment 50 

of directors 95, 97 

return of poll- book by. . . .9ti, 97, 101 

of trustees 45, 47, 48 

return made by 49,52 

liable for permitting illegal voting 49 

to settle a tie vote 49, 52, 95, 151 

Judgments, against purchaser of 

school lands 231 

against school officers 154 

fraudulently obtained 155 

Justices, duties of, regarding fines, 
etc 227,228 

Lands, see "Common school lands 
and Real estate." 

Levy of taxes, see "Taxes." 

Liabilities, see "Penalties." 

Libraries, school, provision for.. .103, 
104 105 

Lien, mechanics', on school property 154 
on real estate of school officers.. 210 

Limit of indebtedness 110,112 

of taxation 103, 104 

Loans of county fund 30, 200 

of district funds, surplus 188,192 

of township funds.. 187,188,197,200,201 
not made to trustees and treas- 
urer 1 89 

records of 22, 23, 185 

to school districts 187, 189 

Loss of funds 19,211,212 

"Lost" time 180 

Making fires, sweeping, etc S9, 140 

Mandamus, writ of, to compel— 

directors to act 153 

levy of tax 154 

treasurer to file list and map 71 

trustees to consider petition 63, 67 

Map of township 57, 59, 106, 107 

failure to file 71 

Meetings of directors 95, 100. 101 

of trustees 54 

in school houses 85, 90 

Minor, contract with 103, 139 

granting certificate to 156 

Mortgages, form for 192 

valid in name of Co. sup't 30, 188 

others vahd 192,193 

release of 189 

Natural sciences, examination upon, 
155 160 

Night schools 120 

Normal schools, county 246 

graduates of 156,163 

Note in place of a bond 113 

Notes, examined by trustees 197, 198 

list given Co. sup't 188, 192 

in name of Co. sup't 188 

in name of trustees 188 

Notice, of district election 95. 97. 98 

must state questions 46, 97, 98 

of examination of teachers 164, 165 

by state sup't 156,163 

of sale of lands 230 

to district of proposed change.. . .58, 66 

Oath, official, of Co. sup't 19 

of state superintendent 15 

trustees, treasurer and directors 

nottotake 56 

Office supplies of Co. sup't 20, 21 

Officers, exempt from road labor, etc., 
208 209 



^ame—Contimied. page. 

.judgments against 154 

liabilities of. see "Penalties." 

lien on real estate of 210 

read and write, abihty to, not re- 

quii-ed of 45 

resignation of 20, 21. 52 

Ofllcial bonds, see "Bonds." 

Orders, school, form of 202, 203 

against uncollected taxes 247 

teachers', draw interest when . .177, 179 

drawn when 176, 178, 247 

substance of 176,178 

treasurer not to pay when 202, 203 

Organization, of board of directors.. 95, 99 

of board of education 218, 226, 242 

of board of trustees 54, 56 

of cities under general law 219, 225 

of new district 59, Tl 

Overpayment of district 78 

Owner refuses to sell site 115, 153 

Parents must send children to 

school 234 

Penalties, recovery of 210, 211 

Penalties, who subject to— 

any person, for damaging school 

house 87 

for disturbing a school 87 

for illegal voting 49 

for interfering at election 245 

for keeping colored children 

from attending school 237 

for not sending children to 

school 234 

for refusing to perform duty at 

election 245 

for trespass 226 

any school officer— 

for conversion of funds 209 

for loss of funds 211, 212 

for neglect of duty 210,211, 235 

for perversion of funds 212 

cities, for failure to report 213 

clerk or judges, for permitting 

illegal voting 49 

clerks, state's attorneys and jus- 
tices for not reporting and pay- 
ing fines, etc 227,228 

collector, for failure to pay 110, 205 

county board, for not examining 

report of sale 232 

county sup't, for not making re- 
port to state sup't 28, 29 

directors, see "Directors liable." 
judges of election, for failure to 

make return 52, 53 

parents, for keeping children 

from school 234 

purchaser of lands, for non-pay- 
ment 231 

teachers, for not making sched- 
ules 177,179 

townships for failure to deliver 

report 83,84 

treasurer, see "Treasurer liable." 
trustees, see "Trustees liable." 

Permits, duration of 79, 80 

Perversion of funds 10,212 

Petitions, for change of district lines 

57,64 66 

action upon by trustees 67 

error in 64 

filed 20 days 58,66 

filing fixes status of 65 

"form" distinguished from "sub- 
stance" 58, 68 

forms of 57, 64 

must make a case 65 

change of not admissible 64 



INDEX. 



267 



Same — Continued. page- 

notiee of to districts 58. 66 

purpose of 57, 64 

remonstrance against 68 

before county superintendent.59, 60, 69 

unnecessary 76 

for organization under general 

law 219,225 

for purchase of site 217.224 

for sale 85,91,229 

Picnics and prizes, expenses of 104 

Plat of common school lands 230 

Plurality elects 49, 97 

Poll-book, election of directors.96,97,101 

election of trustees 49 

evidence of election 53 

Polling-places, at election of trust- 

QQQ _. 47 51 

Polls', how iong'open".". '.'.'. '.'.'.' '.'. '.". '. 47, 95! 97 

not duly opened 50 

Postponement of election, of direc- 
tors 95,97 

of trustees 45, 46 

President, of board of directors 95 

pro tern, appointed 96 

of board of education.. 217, 226, 241 

duties of 241 

election of 241 

of board of trustees 54 

Proceedings, official, to be recorded 

96 100 

Property, appraised and divided.. 61, 

71,73 75 

on dissolution of district .62,75,76 
private, used by school children. . 86 

teachers to account for 171, 174, 176 

titleto 84,85 

union districts 62, 76 

Pupils, age of 114,118 

age and name of, noted on regis- 
ter 174,175 

in schedule 175 

assignment of to schools 115, 142 

attendance of, noted 174-177 

reported 17, 82 

choice of studies by 143 

conduct of, away from premises. 124 

corporal punishment of 131 

entitled, to equal pi'ivileges 120 

exclusion of in certain cases 149 

has no contract with teacher 140 

injurie s to 89 

janitor work not required of 89 

religious freedom allowed 125 

residence of 114, 118 

suspension and expulsion of . .115, 

145, 149, 218 220 

continues how long 149 

transferred 79-81 

tuition paid for, by 119 

Qualifications of teachers 155, 156. 158 

of voters 47,49,52,97 

Quorum of directors 114,116 

of trustees 55 

Rate of interest, see "Interest." 

Eeal estate, Co. sup't to hold to 42 

exempt from taxation 10, 11, 94 

leased 93,94 

lien on that of school officers 210 

sale of 42, 85, 91, 93, 94, 218, 221, 225 

security for loans 187-189. 192, 193 

taken for indebtedness 93 

trustees to hold 93 

valued how 189, 193 

see also "Common school lands." 

Eeceipts for schedules 176,178 

Eecords, of Co. sup't of action on ap- 
peal 70 



Same—Co7itinned. page. 

of certificates granted 156, 163 

of land sales 22,23,2.32 

submitted to Co. board 232 

of directors 95, 100 

submitted to treasurer 96, 101 

of sale of lands and of loans 22, 232 

of state superintendent 15 

of treasurer 185,186 

open to inspection 186 

submitted to trustees 197 

of trustees 54, 56 

Register of bonds 110,113 

Registers, school, books furnished 

by directors 174,177 

form of 175 

Religious exercises in schools 125 

kept by teachers 82,174,177 

returned by same 174,177 

Removal by director or trustee.. 97.102 

Reports,of board of education. 218, 221, 225 

of county superintendent 23, 28, 232 

of custodians of funds 249,250 

of directors 96,101,197 

of fines, etc 227, 228 

of institutions of learning 214 

of land sales 232 

of state superintendent 16 

of treasurer 197, 198 

of trustees 82,83 

value of, when accurate 28 

Resignations, provisions regarding. 21, 52 
Rules and regulations, of board of 

education 218, 220 

of directors 115, 120 

decisions upon 122 

concerning conduct of pupils 

away from premises 124 

power to make 122 

liability for 126 

made by state superintendent I7 

made bv teacher 12o 

Sale, of real estate, see "Real estate." 

of school books, limitations 10, 212 

of school property 85, 91, 104, 106 

Schedules, certificates upon, forms 

175 176 

delivery of, to directors 176,179 

to treasurer 179, 180 

directors liable for 179, 180 

incomplete 178 

of school with more than one 

teacher 174 

receiptfor 176,178 

separate, when 176, 178 

Scholars, see "Pupils." 

School, legal 77 

School books, see "Text books." 
School books, etc., not to be sold by 

officers and teachers 10,212 

School day 150 

School districts, see "Districts." 
School funds, see "Funds." 

School house, in another district 118 

building of, vote for 105, 115, 151 

bonds for 110,111 

controlled by director s 85, 87, 88 

doors to open outwards 87 

exempt from taxation...: 11,86 

from mechanics' lien 87 

highway to 86 

insurance of 88 

meetings in 85,90 

purchase of 113 

renting of 117 

repairing and improving of 88, 112 

sale of 85.91 

site of 115,153 

title to, in trustees 84,85 



268 



INDEX. 



PAGE. 

School lands, see "Common school 
lands" and"Eeal estate." 

School month.. .' 179,180 

School site, see "Site." 

School year 17, 76, 103, 104, 114, 117, 217 

Schools, closed by directors 139,181 

disturbing of, penalty 87 

management of 115, 120, 218, 220, 242 

normal, county 245 

province of 9. 115, 163 

special laws concerning, forbid- 
den 11 

support of 103,217,219,220,242 

term of .103. 104, 114, 117, 217 

visitation of . ...30,32,33,115,137,217,220 

Secretary of board of education.. 218, 226 

Sectarian appropriations prohibited 
10 212 

Security on bonds, see "Bonds." 

Security, additional required 193 

' personal 187,189,193 

real estate 187, 189, 193 

improvements not valued 189, 193 

Sinking fund 114 

Site, for school house, choice of. ..115,153 

deedof ...:. 85,86 

district should own 85 

does not revert 86 

leased 85 

Sixteenth section, constitutes com- 
mon school lands 226 

others in lieu of 226 

Special acts, modified ....103,104,174. 

213,211. -.ilCi, 211, 242 244 

reliiKiuislird 214,219,225 

not repealed 213,214 

Special teachers must have certifi- 
cates 173 

State's attorneys, in- regard to fines, 
etc 227,228^ 

.State certificates 156, 163 

State funds 204, 20i^ 

Statements, see "Reports." 

State superintendent, see "Superin- 
tendent of public instruction." 

Statistics, see "Reports." 

Substitute, employed by whom 138 

must have certificate 173 

Suits, see "Actions." 

Superintendent of public instruction 

11 15 

advice given by 16,18 

approves institute teachers 165,170 

authority of recognized by courts 17 
certificate granted or revoked by 

156 163 

correspondence of 16 

disposition of moneys received 

by 16 

election of 11, 15 

forfeitures remitted by 83 

funds withheld by 18 

oath and bond of 15 

records of 15 

report of 16 

rules made by 17 

salary and expenses of IS 

term of office of 11,15 

Superintendent of city schools — 173,217 
Co. sup't may not be a 41 

Sureties, see "Bond, official." 

Suspension, see "Expulsion." 

Table of cases 258 

Taxes for school purposes 103, 104, 204 

board of education may levy.. 217, 

220,222,223 243 

collector of 108,109,110 

directors may levy .103, 105 



Same — Continued. page. 

same, amount specified, when 104 

same, limited 103, 104 

same, without vote, when 105 

excess in 10i> 

funds and property exempt. . .10. 11,94 

in special district 216 

levy for township high school ...79,81 

uniformity of levy of 108 

Tax-payers, list of, filed. 59, 60,62, 6.3, 71, 114 

Teachers, appointment of 115,217,220 

attendance of, upon institutes. 170, 240 
board of directors, relations of, 

with 120,137,140 

contract of, with school board 137 

is for personal services 138 

observed by trustees 72 

rules of board and provisions 

of law a part of 138 

term of 137,139,171 

corporal punishment, inflicted by 131 

dismissal of 115, 141.21^,220,224 

decisions upon 141 

examination of . . 1 55, 156, 164, 217, 22n, 224 
janitor work not required of — 89, 140' 
hable for making and enforcing 

rules 136 

property accounted for, by .171, 174, 176 

register kept by .174, 177 

re-instatement of 162: 

resignation of 139 

schedules made by 171, 175, 177 

certified 176 

suspension by 150 

wages of, cannot be paid, when. 171, 176 

for fraction of month 180, 181 

unpaid, draw interest . .176, 179,247 

when due 176, 178 

Teachers' certificates, see "Certifi- 
cates.' 
Teachers' institutes, see "Institutes." 
Term of office, of boards of educa- 
tion 242 

of county superintendent 10,19 

of directors 94, 9& 

in new district 60 

of state superintendent 11,15 

of township treasurer 54, 56 

of trustees 43, 45 

of president of 54 

Text-books, uniformity of 115,145 

bought for poor pupils 115,145 

not for all 145 

changes of 115.145 

Tie vote 49,50,95,97,151 

Title to school property 84,85,221 

defective 86- 

to common school lands 2:>2 

Tobacco on school premises 125 

Town meeting, trustees elected at. .47,51 
Towns, see "tlities and towns." 
Township, school, alterations in 42, 44, 229' 
business of, done by trustees... 43, 226 

congressional made 42 

districts should include 63- 

divided by county lines, elections 

in 46 

reports of 82-84 

fraef ional, consolidated 42, 229 

entitled to funds 26 

fund of, see "Fund, township." 

may support a high school 79, 81 

may unite for same purpose 79 

not a civil town 44 

Township high school 79,81 

Township treasurer, accounts of. . .84, 

185,186 l!)7-19a 

examined by trustees 84, 197 

by Co. sup't 31,40 

open to inspection 54, 186- 



INDE5. 



269 



HsLUie—Gontinued. page. 

appointment of 54,56 

bond of, approved by trustees..! 82, 183 

by Co. sup't 21,25,182,183 

form of 182,183 

increased when 182, 183 

new one when 27, 183 

books, etc.. demanded by 196 

cash of, verified 41,198,199 

clerlt of trustees, to be 54 

compensation of 77,208.209 

delivery to successor 199,200 

election ordered by 47, 60, 95. 99 

returns of held by 102 

funds, custodian of 27, 28, 91, 92 

to loan, see "Fund, tw'p." 
to pay out on orders, see 
"Fund, dis't." 
liable for— 

failure of duty ... .62,71, 183, 191, 199 

not liable for 199 

failure to return statistics 213 

loss of funds 183,211,212 

retaining funds 199, 200 

not publishing statement.. 249, 250 

loans not made to 187 

map, etc., filed by 59,60,62,63, 

71,106 107 

notes, etc., submitted to trustees, 

197 198 

report to Co. sup't 188.192 

orders paid by, see "Orders." 

removal of 91, 93 

residence in special dis't 44 

statement, to directors 197, 178 

to trustees 197, 198 

published annually 249 

to examine dis't records 96,101 

to return tax levy 106, 107 

to sue, forinterest 194 

if security is not increased. . . 193 
transfers, duty of, concerning... 79-81 

vacancy in office of 54,56 

who eligible to be 44,54 

Transfer of pupils 79,80,175,178 

Treasurer of special dis't 216 

Treasurer, see "Township treasurer." 

Trespass on school property 87,226 

Trustees of schools, a body politic 

and corporate 43 

acts as such only 54 

compensation of 77, 102, 209 

debts compromised by 93 

dedication of land for streets by . 238 

districts organized by 57 

map of filed 57 

dis't boundaries changed, by.. 57 

action upon 67 

appeal from 59, 60, 69 

concurrent action 57, 63, 68 

jurisdiction regarding 64 

mandmnns 63, 67 

property divided 61, 71, 75 

previous contracts observed.. 72 
dis'ts, special, not changed by. 64, 215 

donations, etc., made to. , 84 

election of 43. 44, 45 

at town meeting 47, 51 

conduct of 4.5, 48, 51 

contested 50 

Co. sup't may order 46, 47 

first 45 

notice of 45, 46 

plurality elects at 49 

postponed 45, 46 



^ajoae—Vontinued. page. 

qualifications of voters 47-46 

return of 52, 53 

not made 53 

tie at 49,50,52 

treasurer may order ^ 45 

funds apportioned by 7fi, 77 

high school managed by 79, 81 

liable for— 

conversion of funds 209 

false return of statistics 210 

insufficiency of treasurer's 

bond 209 

loss of funds 31,199,211.212 

not dividing property 62 

not organizing 56 

not returning statistics. . .41, 83, 210 

loans not made to 45, 97, 103, 189 

may be a teacher 45 

may not be a director 44, 97, 102 

may live in special dis't 44 

may not take funds from Treas ... 92 

meetings of -54, 56 

not to be interested in contracts.97,102 
not to release treasurer and his 

bondsmen 184 

organization by 54, 56 

quorum of 54. 55 

real estate leased by 93, 94. 237 

purchased by 93 

sold by 93.94 

records of 54,56 

relation of to state.... 43.91,93 

removal of treasurer by 91, 93 

report of 41,42,82,83 

successors to "Trustees of school 

lands." 53 

term of office of 43,45,48 

title to property in 84,85 

to appoint treasurer 54, 56 

to approve his bond 182,183 

to examine his books, etc 186, 197 

vacancy in office of 45, 46, 52 

who eligible to office of 44, 45 

Tuitionfees 119 

Union school district- 
dissolution of 62, lb 

funds with one treasurer 202,203 

report of ,8^ 

taxes of K'9,110 

vacancy in board of 99 

see, also, "District" and "Districts." 

Vacancies— 

in board of education 221. 223 

inboard of directors 95,97,99 

inboard of trustees 45,46,52 

in office of Co. sup't 20 

Vacations 179-181 

Vote on school questions.. 97, 110-112, 

114, 115, 151 '-^ai 

asecond vote on -. 151 

not on same day 98, 153 

of no effect 93,98,105 

Voters, challenged ---- 49 

in divided tw'ps or dists 49,59,70 

may add higher branches 156, 163 

qualifications of 47, 49. 52, 216 

residence of 49, 59, 70 

Warrants issued by auditor 205,206 

see also "'Orders." 

Year, school 17, 



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text and map of Illinois ever pubhshed in a school geography. 

Mathematics. 

Hagar's Primary Lessons in Numbers .22 .10 

Hagar's Elementary Arithmetic .30 .15 

Hagar's Common School Arithmetic .72 .30 

Hagar's Elementary Algebra .90 .49 

Greene's Grammars. 

Greene's Introduction .40 .20 

Greene's English Grammar .75 .35 

Greene's New Analysis .86 .40 

Charts. _ ., „ . 

Retail Price. 

Monroe's Reading Charts— full series, 56 Nos $10 00 

Monroe's Reading Charts— Abridged series, 24 Nos 6 00 

Parker's Arithmetical Charts— 56 Nos 9 00 

Miscellaneous. 

Introductory. 

Hagar's Dictation Problems .36 

The Geographical Question Book -24 

Knisely's Arithmetical Questions -30 

Cowdery's Elementary Mural Lessons -68 

Monroe's Physical and Vocal Training -72 

Apgar's New Geographical Drawing Book .42 

Sample copies, for examination, sent prepaid on receipt of introduction price- 
Liberal terms for first introduction. Catalogue, specimen pages and price lists sent 
free of charge. 

Address. 

F. S. BEL.DEN, 

184 Wabash Ave., Chicago, 111. 
COWPERTHWAIT & CO., Publishers. 



Almira College, 

GEEENVILLE, ILLINOIS. 
Founded 1855. 



v^-' 




imr 



It has an efficient corps of teachers, and offers excellent op- 
portunities for the study of the modern languages, art, elocu- 
tion, and vocal and instrumental music, in addition to the 
regular college course. Its aim is to do well whatever it attempts. 

The college building, an elegant brick structure, erected ex- 
pressly for school purposes, presents a front of 168 feet, and 
an average width of forty-eight feet. It is four stories high,, 
and contains seventy-two rooms. There are fifty dormitories, 
neat and convenient, for the accommodation of pupils. 

The college affords a safe, intelligent and delightful home for 
young ladies. Teachers and pupils being under one roof, there 
is no exposure to inclement weather, nor loss of attendance 
from this cause. 

The undersigned has given his personal attention to the man- 
agement of the school since the expiration of his term of office 
as State Superintendent of Public Instruction. Correspondence 
solicited. 

Address, 

JAMES P. SLADE, A. M., 

President. 



SOUTHERN ILLINOIS 

NORMAL UNIVERSITY 



CAR30NDALE. 

Established by Act of the General Assembly, March 9, 1869. 




The Purpose of the Institution is the 

PREPARATION OF TEACHERS 

For the Public Hchools of the State. 

THE COURSE OF STUDY 

Embraces the four lines of School Work — Language and Lit- 
erature, Mathematics and Natural Science, Mental Science, 
History and Philosophy. These are used as a basis to teach 
howjto prepare for the work of the schoolroom, 

THE FACULTY CONSISTS OF 15 TEACHERS. 

There are three courses, which merit Certificate or Diploma. 

LOCATION ADMIRABLE. 

The School Year begins the Second Monday in September, 
and ends the Second Tuesday in June. 

TUITION FREE TO TEACHERS. 

Eor Catalogue or information apply to 

EGBERT ALLYN, LL. D., Principal. 
E. J. INGEESOLL, Sechj of Trustees. 




«&5'i^§^S>aS^^a^^=S^^i^^^»^^S^3ff5^^¥aaBEg<.s^^^3!^:-iL-^ 



STATE NORMAL UNIVERSITY, 

NoEMAX,. McLean Co., iLLnsrois. 

This Institution was established, by the General Assembly of the State, in 
1857. Its sole purpose is to prepare teachers for the schools of the State. The 
several grades of the Model Department are established to aid in this work. 
Nevertheless, these grades serve well the purpose of those wishing instruction 
in the subjects taught. 

Students in the Normal Department are required to declare that their pur- 
pose in attending is to fit themselves for teaching ; and all the work of the 
school is shaped to this single purpose. * Probably no other Normal School 
Faculty in the country embodies so much of successful experience in Normal 
School work as ours. Tuition is free to those who take a pledge to teach in 
the schools in Illinois. Our facilities for the study of Botany, Zoology, Geology, 
Chemistry, and Mineralogj^ are excellent, and we now offer them to such as 
desire to make those studies a specialty at a very small cost. 

THE HIGH SCHOOL 

grade of the Model Department offers the advantages of a first-class academy 
and preparatory school. There are two courses of study — the General and 
the Classical. Those who satisfactorily complete either course receive the 
Diploma of the University. Tuition in this grade, $80 a year. For particulars 
conceming the High School, address the Principal. 

THE GRAMMAR SCHOOL 

grade is under the charge of the Assistant Training Teacher; he does much of 
the teaching, sees that healthy discipline is maintained, and takes care that no 
improper or vicious pupils are admitted to the school. This school prepares 
pupils for the Normal Department, for the High School, or for general business. 
Tuition, $25 a year. 

For catalogues, etc., address, 

EDWIN C. HEWETT, President. 



well: noi m n 



AND 



SCHOOL OF INDIVIDUAL INSTRUCTION. 

Oeegon, — Illinois. 

E. L. WELLS, Principal. 



SPECIALTIES: 

State Ceetificate Work, 

County Certificate Work, 

Preparation for other Schools, 

Preparation for Business, 

School Management, 

and School Methods. 

No vacations. Studies optional. Students enter at any time, and stay as long as 
they please. Teachers spend their vacations in the most profitable drill-work. 
Many, besides teachers, attend the School. It is a good place for all young men and 
women who wish thorough instruction. 

SUMMER SCHOOL. 

The location is an admirable one for a Summer School. The town possesses some 
of the most beautiful scenery of Illinois, and is a popular summer resort. Many 
teachers of City Schools spend their summers in Oregon. 

STATE CERTIFICATE WORK. 

studies for State Examinations can be taken at any time ; but a special class for 
this kind of work will be formed nine weeks previous to the State Examinations for 
each year. Teachers wishing the best of advantages will do well to join this class. 

Persons wishing to take new studies for State Examination, should spend sulfl- 
cient time in the School to thoroughly pursue the same. 

The following are some of the Peculiarities of the School: 

1. It is a good place for slow learners. 

2. It is a good place for rapid learners. 

3. It is a good place for students in poor health. 

4. It is a good place for teachers in their vacations. 

5. It is a good place for persons who wish to review their studies. 

6. It is a good place for those who wish to study other languages. 

7. It is a good place for those who wish to select their own studies. 

8. It is a good place for persons who must attend school irregularly. 

9. It is a good place for young people who wish to become teachers. 
1'). It is a good place for farmers' boys and girls in summer or winter. 

11. It is a good place for teachers desiring first grade or State certificates. 

12. It is a good place for young people who wish a good business education. 

13. It is a good place for those who wish to take vocal or instrumental music. 

14. It is a good place for those who do not wish to be classified with younger 

pupils in other schools. 

Send for Circular and Cataloarme. 



RAND, MrNALLY & CO.'S 

ffif SEMES OF EDUCATIOML MAPS 

Especially Designed and Engraved for use in Schools. 

These Maps are distinguished by several new and useful features, being beauti- 
fully bold in outline, free from unimportant names, and so distinct that no difficulty 
is experienced in reading any name. They show the latest geographical discover- 
ies and political changes in every part of the world. They are handsomely and 
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a distance. The names of to-wns are engraved in clear, bold type, and the 
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can, if preferred, be used for "outline" maps. The lengths of the principal 
rivers and the altitudes of the highest mountains are engraved on the maps. 



THE ''RUBY" CASE, WITH SPRNG ROLLERS. 

THE HANDSOMEST AND HANDIEST. 




The Following Among Many Eminent Edncators Warmly Commend This Series. 

Edwin C. Hewett, LL. D„ President Illinois Normal University. 

EoBT. Allyn, D. D., LL. D., Principal Southern Illinois Normal University, Car- 
bondale, Illinois. 

Geo. Rowland, Superintendent Public Schools, Chicago, Illinois. 

J. Simpson Afeica, Secretary Internal Affairs, Harrisburg, Pa. 

M. B. Andekson, LL. D., President University of Eochester, N. Y. 

R, W. Stevenson, Superintendent of Public Instruction, Columbus, O. 

J. W. HoLCOMBE, State Superintendent of Public Instruction, Indiana. 

David S. Joedan, President Indiana University. 

JOHN Clabk Ridpath, Author of "Ridpath's Cyclopedia of Universal History," 
Greencastle, Ind. 

W. H. Chandlee, Secretary Board of Regents, Normal School, Madison, Wis._ 

Albeet B. Watkins, Ass't Secretary. Regents of the University, Albany, N. Y. 

John M. B. Sill, Superintendent of Schools, Detroit. Mich. 

James B. Angell, LL. D., Pres't University of Michigan, Ann Arbor, Mich. 

E. C. Delano, First Assistant Superintendent Public iSchools, Chicago, 111. 

J. C. BuEEouGHS, Second Assistant Superintendent Public Schools, Chicago, 111. 

James H. Smaet, President Purdue University, Lafayette, Ind. 

Geo. S. Bakee, Superintendent of Schools, Evanston, 111. 

Robert Geaham, State Superintendent of Schools, Madison, Wis. 

J. M. Geeenwood. Superintendent of Instruction, Kansas City, Mo. 

John Goodison, Department of Geography, Michigan State Normal School, 
Ypsilanti. Mich. 

E. P. Wateebuey. Ph. D., LL. D., President State Normal School, Albany, N. Y. 
Send for complete catalogue and price list of maps and cases, illustrated in colors, to 

RAND, McNALLY & CO., Map Publishers and Engravers, 

148, 150, 152 and 154 Monroe St., Chicago. 



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J. S. Faeeand, President. 
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Liabilities 1,460,107.39 

SuEPLus 305,225.74 

Amount of Insur- 
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Am't paid policy 
holders 2,427,631.75 



Organized 1867. 



Insurance written in 1886 $5, 404, 844 77 

Increase over amount written 
inl8&5 1,171,252 77 

Increase of insurance in force 
for 1886 2,862,19174 

Increase of assets 227, 829 44 

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Your attention is called to the fact that the best School Desks 

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THE AUTOMATIC SCHOOL SEAT 

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T. Ruddiman Johnston's Maps. 

Monroe's Reading- Charts. 

Parker's Arithmetical Charts. 
Webster's Unabridged Dictionary — Latest Edition. 
Sirartha Physiological Charts. 

A full line of Registers and Records. 
Globes and Tellurians. 

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Write us for terms and depend upon prompt reply. Any 
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SUPERINTENDENTS, 



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McCULLOUGH'S 

County Outline Map of Illinois 

SHOWS 

EXACT LIMITS OF THE THREE U. S. SURVEYS IN ILLINOIS, 

Teaches the Civil Government of Illinois, both as an independent state and in its re- 
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mounted on heavy cloth, varnished, and provided with good strong rollers, so that it 
is in the most durable shape. Its value to any school or teacher can scarcely be 
estimated, and it is worth many times the price— $5.00. Send all orders to 

N. N. McCULLOUGH, Springfield, 111. 

PromE. A. G-astman, Sup't City Schools, Decatur, 111. : "I have purchased of 
Mr. N. N. McCollough copies of his Illinois map and also of our (Macon) county map. 
They seem to me to be excellent for use in our schools simply because they show 
just the things it is worth while to teach and nothing else. They are not crowded 
with irrelevant matter. I heartily commend them to the careful attention of teachers 
and school officers." 

From F. R. Feitshans, Sup't City Schools, Springfield, 111. : "Mr. MoCullough's 
Outline Maps of Illinois and of Sangamon County seem to me excellently adapted 
for teaching geography. No teacher, in my opinion, can do very good work in geo- 
graphy without some such aids. We have in use in every school in this city the 
State and County Maps as prepared by Mr. MeCullough. They meet the wants of our 
schools and the teachers like them." 

From John Trainer. County Sup't Schools of Macon Co., 111. ' 'Our teachers like 
your outline maps very much. We are all of the opinion that the maps needed most 
are those containing simply the outUnes of our manual work ; this is all we need 
upon any map; the reference maps are contained in our atlases. I hope you will 
continue to supply these maps, as they are just what we want." 

From A. J. Smith, County Sup't Schools of Sangamon Co., 111. : "I concur fully 
in the views and statements of Mr. Trainer, and repeat for Sangamon county teach- 
ers what he has said of Macon county teachers." 



ILIiIITOIS: 



ITS HISTOEY, CIVIL GOVEENMENT, GEOGEAPHY, MAP 

DEAWING, AND U. S. SUEVEYS OF THE STATE 

EEOM THE OEIGINAL EECOEDS, TOGETHEE 

WITH HISTOEICAL NOTES AND 

COPIOUS MAP EXEECISES. 

By N. N. McCuLLOUGH, Springfield, Illinois. 

Price, T-wrenty-Five Cents. 

From J. A. Goding, Co. Sup't of Schools of Mercer County: "1 have examined 
your little book 'Illinois.' with great satisfaction. I find nothing in it that cannot be 
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"I BOUGHT IT FOR THE CIVIL GOVERNMENT." 

Address, N. N. McCULLOUGH, Springfield, 111. 

N. N. MeCullough, Springfield, 111., also gives prompt attention to all orders by 
mail or otherwise for School Officers' Books and Blanks, Maps, Globes, Reading 
Charts, Physiological Charts, Teachers' Desks, School Furniture, Blackboards, 
Reference Books, Dictionaries, and everything for schools ; Teachers' Supplies and 
Professional Books and Papers. 



I. 

SHELDON'S ARITHMETICS, IN T"WO BOOKS. 
The Elements of Arithmetic and the Complete Arithmetic. As Prof. Beard, of the 
State Normal School, Pa., says: "This Series combines the best features of others, 
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II. 
SHELDON'S ALGEBRAS. 
The Elementary and Complete Algebra. 

This is not a'J-book series of Algebras, as the Complete and Elementary Algebra 
are the same, page for page, as far as the Elementary goes. 
These Algebras are simple and clean cut. with fresh and attractive examples. 

SHELDON'S W^ORB STUDIES. 

Bound in full cloth, 196 pages. Introductory price, 25 cents. 

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SHELDON'S SUPPLEMENTARY READING. 

, Book Third now ready. 196 pages. Introductory price, 38 cents. 

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Supt. S. A. Ellis, of Rochester, New York, says of it: "While packed with inform- 
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SHELDOl^l'S MODERN SCHOOL READERS, in Five Books. 

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For six years the best talent which could be secured east or west has been en- 
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I. 
Patterson's Elements of Grammar and Composition. 

226 pages, bound in full cloth. Introductory price, 50 cents. 

II. 
Patterson's Advanced Grammar and Elements of Rhetoric. 

Bound in cloth, half leather, just published. 

This book will be pubUshed in April or May at the latest. 

Fattersoa's Elements of Grammar combines the merits of the "language lesson" 
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pupil and makes the study of grammar delightful instead of wearisome. 

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I. 

Shaw's New History of English and American Literature, Revised Edition. Shaw's 
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Elements of Logic. 

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SHELDON & CO., New York and Chicago. 



The National System and the Standard of American Penmanship. 

-IN BANK IN COST 

LEADING THE ADVANCE. CHEAP AS THE CHEAPEST. 

Specimen copies free on application. 

WHOLESALE PRICES. 

V. D. i^S. Copybooks, large series 96 cents per dozen. 

P. D. & S. Copybooks, primary series 72 cents per dozen. 

P. D. & S. Copybooks, pencil series 45 cents per dozen. 



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For general practice three distinct series of large sized Copybooks are offered, eack 
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COMMON SCHOOL SERIES B USINESS SERIES LADIES SERIES' 

IN SEVEN BOOKS, IN THREE BOOKS, IN THEEE BOOKS, 

P.D.&S.— Nos. l,2,3,4,4}i,5,6. P.D.&S.— Nos. 7, 11, 12. P.D. & S.— Nos. 8, 9, W 

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PRIMAR Y SHORT CO TTRSE PRIMAR Y TRA CING PENCIL SERIES 

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Without Tracing. Graded Tracing. A and B Tracing. 



o 

Language Tablets for Supplementary Work in fifteen numbers. 
Number Tablets for Supplementary Work in Arithmetic. 
Algebra Tablets in three numbers. 

Bookkeeping Tablets in two numbers, one each on Single and Double Entry- 
Bartholomew's National System of Industrial Drawing. 
Webb's New Word Method. Howard's two-book series of Arithmetics. 

BLANKS FOR WRITTEN SPELLING. 

Dinsmore's Graded Series— Elementary, 24 pages, two columns, 9C0 words. 

Model Script, 36 pages, two columns, 1,440 words. 
" " " Number 1, words, 24 pages, three columns, 1,800 words. 

Number 2, words and definitions, 24 pages. 
Number 3, words, definitions and sentences, 24 pages. 
Mc Vicar's New Graded Series— Number 1, for words; Number 2, for words and defi- 
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Number 3, for words ; Number 4, for words. 
" " " Number 5, single ruled; Number 6, double ruled for 

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EEMAEK.— Complete Catalogue of publications, price list, sample copies and 
terms for introduction forwarded on application. Correspondence solicited. 

BOSTON. CHICAGO. NEW YORK. 

—18 



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lYisoN, Blakeman & Company, 

publishers. 
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A FULL LIST OF STANDAED TEXT-BOOKS FOR 

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EZRA M. HUNT, DE. WILLIAM THAYEE SMITH, 

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WELLS, AND MANY OTHERS. 



Neiu boohs are being constantly added and our list lis 

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Correspondence is solicited, and catalogues sent to any 
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PUBLISHERS. 



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FIRM AS THE EVERLASTING HILLS. 



APPLETON'S SCHOOL READERS. 

BY 

Wm. T. Hakes, LL. D., Sup't of Schools, St. Louis, Mo. 

A. J. EiCKOFF, A. M.. Sup't of Instruction. Cleveland, Ohio. 

Mark Bailey, A. M., Instructor in Elocution, Yale College. 



*'THE ORIGINATORS QV' THE 'NEW METHOD.'" 
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And many hundreds of other cities and towns throughout the country. 

JUST POBLISHED. 



A COMPANION FIRST READER 

By M. J. WOOD. 
A valuable book for use in primary classes, furnishing additional reading matter 
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PHYSIOLOGY . 

M\ um T nrn , Or, Th.e Human. Body, and How to Take Care of It. 
11 u LI I L J An Elementary Course in Anatomy, Physiology and Hygiene. 
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SIppleton's latest issdes.^= 



AP PLETON'S NEW ARITHMETICS. Two volumes. 

I. NUMBERS ILLUSTRATED. In Language, Drawing, and Reading Lessons. 
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OUR COUNTRY AND VILLAGE SCHOOLS 

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Teacher. 

III. It has always been supported by a corps of writers immediately con- 
nected with the rural schools. 

IV. Each issue during term time gives pages of suggestive help for the wovk 
the teacher is then doing:. 

With Our Country and Villac^e Schools in hand, and some course of study, 
teachers And they secure the following direct results : 

1. Thorough organization of the schools. 

2. A practical classification of the pupils. 

3. Fewer classes, more time for the recitation and consequent better work. 

4. Parents become interested and pupils attend more regularly and continue in 
school longer. 

5. The teacher's tenure of office is stronger. He stays longer in the same school 
and at better pay. 

SUBSCRIPTION $1.00 PER YEAR. 

Address OUR COUNTRY AND VILLAGE SCHOOLS, 

Decatur, III. 



IHE ULII 




This is a monthly magazine, edited by Geo. P. Brown, and 
published at JBloomington, 111. It maintains the following de- 
partments : Pedagogics, Higher Schools, Primari/ Schools, Inter- 
mediate and Rural Schools, and Supervision. It is devoted to 

the THEORY AND ART OF SCHOOL TEACHING. 

Terms $1.50 per annum. - - - Clubs of Four, $5.O0, 

"It is the strongest school journal that comes to me, and 
my table is covered with them." — Supt. 0. T. Bright, Engle- 
wood (Chicago). 

"It seems to me that it is the best educational paper in the 
West."^Prin, D. Meade, Danville, Illinois. 

"The Journal is destined to become the leading educational 
paper in the West." — Supt. John Cooper, Leavenworth, Kan. 

"I must congratulate the profession on your mode of con- 
ducting a school journal." — Pres. J. H. Hoose, Cortland, N. Y. 

"You are making a first-class paper every way. It is meaty, 
philosophical and inspiring." — Pres. Wm. E. Sheldon, Boston, 
Mass. 

"You are making the best school journal in the United States." 
Wm. A. Bell, Editor of Indiana School Journal. 

Address ILLINOIS SCHOOL JOURNAL, 

Bloomington, III, 

Geo. p. Beown, Editor. 



Current Events in School. 

Our children ought to take an interest in the current affairs 
of the day and be well informed in them as well as in books. 

It is surprising how much a good clean newspaper adds to 
the interest m school and the intelligence of pupils. 

THE WEEK'S CURRENT 

Is the paper you want in your school. 

Decatur, 111. 80 Copies. 

Supt. E. A. Gastman says: 

We have used The Week's Current from its beginning, in the 
upper grammar and high school classes. The teachers com- 
mend it in the strongest terms and the pupils enjoy it greatly. 
"Excellent" is the verdict of all of us. 

TERMS: 

Single copy one year (40 weeks) $1 00 

10 copies or more one year (40 weeks) each 75 

20 copies or more, each 60 

Send ten cents for 10 specimen copies. 
Address 

E. O. VAILE, Oak Park, (Chicago) 111. 
Editor of Intellig 'nee, etc. 

Drawing Books for Public Schools. 

AMERICAN TEXT BOOKS OF ART EDUCATION. 

PUBLISHED BY 

THE PRANG EDUCATIONAL COMPANY. 

BOSTON. NEW YOEK. CHICAGO. 

A complete system carefully graded. Teachers' Manuals for 
each grade, with full and explicit directions for each day's 
work. Every teacher can learn how to teach deawing by 

STUDYING THE PRANG MANUALS. 

PBANG'S SHORTER COURSE IN DRAWING, 

for SMALL TOWNS AND COUNTRY SCHOOLS. 

Specially prepared to meet the wants of schools where the 

introduction of the complete course would not be feasible. 
The course comprises Five Drawing Books and a Teacher's 

Manual. 

Prangs Models for Teaching: Dra-wing.— Espe,cially|de- 
signed for Teaching Drawing from objects in Primary and 
Grammar Schools. 

Prang's Aids for Object Teaching.— Large Wall charts, 
including illustrations of the Animal Kingdom, Ethnograph- 
ical, Geographical, and Zoological Charts. 

Prang's Natural History Series for Schools. 

Prang's Trades and Occupations. 

Prang's School Pencils. 

^ „ ^, ^. , ^ ^ , ,, Pran-^'s School Compasses. 

For further particulars or Catalogue address 

HAROLD SMITH, Manager, 

' • '79 Wabash Ave., Chicago. 



ffortliy tlie Attention of Every Teaclier and Scliool Officer. 

Anderson's Ne>v U. S. History, Anderson's General History* 

Hutchison's Physiology and Hygiene, 

Hutchison's First Ijessons in Physiolcgy. 
Thomson's Commercial Arithmetic, 

Thomson's Practical Algebra. 
Thomson's Complete Graded Arithmetic, 

Thomson's First Lessons in Arithmetic. 
English Classics, Shakespeare Plays. 

AN ANCIENT SPELL, 

BY 

WILL CARLETON. 

There they stood, like young globe-batters, with no salary enriched. 
Waiting for the words momentous that the dextrous teacher pitched ; 

And he hurled the first one at them, like a nicely twisted ball. 
While the catcher just behind them was the horny-handed wall; 

And the first boy struck and missed it, and his face was deeply vexed, 
As the teacher scowled a cyclone, and vociferated '"next!" 

The complete poem will be mailed free of charge to teachers 
and school officers who send us their address. 

For the above works, Eeed's Word Lessons, and any other 
texts in the Keed & Kellogg Language Lessons, address 
CLARK & MAYNARD, Publishers, 

New York and Chicago, or , 

J. D. WILLIAMS, 
Catalogue free. 75 Wabash ave., Chicago. 

Springfield Business College, 



Located at the Capital of the State, in the Y. M. C. A. Building 
vantages to those who desire a thorough Business Education. 



offers superior ad- 




^ A complete course of Business 
Training in all depart- 
ments in 

Book-keeping, 

Commercial Arithmetio, 

Penmanship, 

Commercial Paper, 

Commercial Law, 

Civil Government. 



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ACTUAL BUSINESS PRACTICE^ 

unsurpassed. All Common School Branches taught. Short Hand and Type Writing 
Department, Students have the advantage of Gymnasium, Bath Rooms and Free 
Public Library, all in same building. We solicit correspondence with graduates of 
High Schools and with those who have attended common District Schools only. 
For Catalogue apply to 

BOGARDXJS & CHICKEN, Proprietors. 



WEBSTER'S UNABRIDGED. 



"A LIBRARY IIS^ ITSELF' 



Your ATTENTION" is invited to the fact that ia purchasing the latest issue of 

this work you get 

A DICTIONARY 

Containing 118,000 Words, and 3,000 Engravings, 

A GAZETTEER OF THE WORLD 

Locating and describing 25,000 Places, (recently added), and 

A BIOGRAPHICAL DICTIONARY 

Of nearly 10,000 Noted Persons ; also various tables 

ALL IN ONE BOOK. 



It has 3,000 more words in its vocabulary than are found in any other American 
Dictionary, nearly three times the number of Engravings. In quantity of matter, 
it is believed to be the largest volume pubUshed, being sufficient to make 75 12-mo 
volumes that usually sell for ^1.25 each. 



It will answer thousands of auestions to the wide-awake child. It is an ever- 
present and reliable School-master to Ihe whole Family.— /S. ;S. Herald. 



Webster is Standard Authority in the Gov't Printing Office, and with the U. S. Supreme Courtt 

and is recommended by the State Superintendents of Schools In 36 States, and by 

leading College Presidents of the U. S. and Canada. All the Leading 

Series of School Books published in this country are 

based upon "Webster, the acknowledged 

Standard of the English Language. 



SPECIMEN TESTIMONIALS. 

Washington, D. C, January 12,1882. 
I always use Webster's Dictionary the first of any, and rarely find myself under 
the necessity of going further. It is recognized as standard authority in the court 
over which I preside, and its usefulness increases as the successive editions appear. 
MORRISON E. WAITE, Chief Justice U. S. Supreme Court. 

GOVEKNMENT PKINTINa OFFICE WASHINGTON, D. C. 

Webster will continue to be the standaz-d in the use of the English language in 
this office. 

T. E. BENEDICT, FuMic Printer. 
Speingfield, III., February 4, 1887. 
For many years Webster has been constantly at hand in my study, and con- 
stantly used. It is an honor to the English language and to the American Nation. 
HON. RICHARD EDWARDS, State Sup't Fublic Instruction HI. 

Springfield, III., May 18. 1881. 
Webster's Unabridged Dictionary is constantly cited in our judicial decisions as 
a work of the highest acknowledged authority. 

Signed by all the Justices of the Supreme Court of Illinois. 



PUBLISHED BY 



G. & C. MERRIAM & CO., ■ SPRINGFIELD, MASS., U. S. A. 



— A 




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A preparation of the phosphates that is readily assimi- 
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Especially recommended for Dyspepsia, Mental and 

Physical Exhaustion, Indigestion, Headache, 

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Prescribed and endorsed by Physicians of all schools. 

It combines well with such stimulants as are necessary 

to take. 

It makes a delicious drink with water and 
sugar only. 

For sale by all druggists. Pamphlet free. 
Eumford Chemical Works, - Providence, R. I. 



BEWARE OF IMITATIONS. 



Standard Educational Series, 

HARPERS' GEOGRAPHIES . 

I. They are approved by the highest professional authorities. 
II. Tliey bear the test of the class-room. 
III. They are the cheapest. 

HARPERS' LANGUAGE SERIES. 

In Three Books. This system has been more extensively introduced throughout 
the United States than all other systems combined, and it has received the 
recognition of publication and wide adoption in Great Britain and in the 
Dominion of Canada. 

HARPERS' GRADED ARITHMETICS. 



A complete Course of Oral and Written Arithmetic. This series is based on com- 
mon sense methods. Recently adopted for exclusive use by the Delaware 
State Board of Education. 

HARRINGTON'S GRADED SPELLING-BOOK. 



"A vigorous and radical attack upon an old and vicious system in education. 
This book has attained unprecedented popularity. 

HARPERS' NEW GRADED COPY-BOOK S. 

An entirely New and Practical System of Penmanship. These copies are pre- 
pared by an expert penman, and embody the results of careful observation 
and much study during an experience of tiventy years, as teacher of Public 
Schools and Business Colleges. They are, beyond douM, the most practical 
Copy Books ever presented to the Public. 

SWINTON'S STUDIES IN ENGLISH LITERATURE. 

It is a series of studies in the masters of English, from Shakespeai'e to the pres- 
ent time. The authors chosen are not only of the first rank, but they also 
represent epochs of literature, marked phases of style, distinctive contribu- 
tions to literary method. 

ROLFE'S ENGLISH CLASSICS. 

For Schools and Colleges. This series is now complete in forty volumes. It is 
the only illustrated school edition in the world. 

THE PRINCIPLES OF RHETORIC. 

By Adams S. Hill, Professor of Rhetoric and Oratory in Harvard College. A New 
Edition has recently been issued, containing an Index of the Authors Quoted. 

Je@= Haepee & Beothees ijublish a full series of school and college text-hooks, 
which will be furnished on liberal terms. We cordially invite all Teachers and 
School Officers contemplating changes in text-books to correspond with us before 
making a selection. All suchletters will receive our prompt and careful attention. 

HAHPEE, & BROTHERS, Publishers, New York. 

W. J. BUTTON, 
255 & 257 Wabash Avenue, Chicago, 111. 

General Western Agent for the Introduction of 

Harper & Brothers' Educational Works. 



ECLECTIC EDUCATIONALSERIES. 



The text-books of the Eclectic Series are more largely used 
than any others published. Following are some of the lead- 
ing common school text- books of this series. 

McGuffei/ s Revised Beadei's, 
Hay's New Arithmetics, 
Harvey's Revised Gramma,rs, 

New Eclectic Geograpliies, Histories, Copy Boohs, 
Draiving Boohs, etc. 

The publishers offer special rates on supplies for first intro- 
duction. Address them for Proposition of Exchange nd In- 
troduction rates. 

Following are some of the latest publications of the .ijclectic 
Series ; single specimen copies sent postpaid by mail on receipt 
of the introduction price annexed : 

Eclectic Guide to Health (Temperance Physiology) . f .60 

The House I Live In (Primary Physiology) 30 

Morris's Scripture Eeadings 60 

McGuffey's Word Lists. 10 

White's Pedagogy, {mailing price) 1.17 

White's Monthly Record, by mail 48 

Palmer's Science of Education, by mail 1.17 

Eclectic German Readers (descriptive circular and prices on 
application.) 

ALTERNATE AND SUPPLEMENTARY READING. 

McGuffey's Alternate First Reader | .15 

McGuffey's Alternate Second Reader 25 

McGuffey's Alternate Third Reader 35 

McGuffey's Alternate Fourth Reader 40 

McGuffey's Alternate Fifth Reader (in prepara- 
tion) — 

McGuffey's Alternate Sixth Reader (in prepara- 
tion) — 

McGuffey's Alternate Readers furnish additional reading 
where such reading matter is desired, alternating with any 
series in use. They may also be used independently, as a 
regular series. The selections are new, instructive and inter- 
esting. The clear type and ample illustrations render the books 
attractive, while the price is low. 

VAN fiNTWERP, BRAGG & CO., PUBLISHERS, 

: CINCINNATI, OHIO. 







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